Unfair Trade Practices - Practice Areas - Fitzpatrick, Cella, Harper & Scinto

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Unfair trade practices encompass a broad array of torts, all of which involve economic injury brought on by deceptive or wrongful conduct. The legal theories that can be asserted include claims such as trade secret misappropriation, unfair competition, false advertising, palming-off, dilution and disparagement, and may be governed by common law as well as federal and state statute and regulation. Unfair trade practices can arise in any field of technology and frequently appear in connection with the more traditional intellectual property claims of patent, trademark and copyright infringement.

At Fitzpatrick, the unfair trade practices group is an inter-disciplinary group of attorneys practicing in all areas of intellectual property. Because of this range of experience, companies of all sizes - from those that are household names to the start-ups in emerging markets - rely on us to protect what are often their most valuable assets. Our attorneys counsel these clients to help avoid potential problems through the implementation of appropriate safeguards and the diligent monitoring of competitors' activities. If a dispute does arise, clients count on us to enforce their rights, whether it involves litigating in court, arguing before the United States International Trade Commission, or proceeding in a domain name dispute under the ICANN arbitration procedures.

Related Information

Representative Cases

Fair Isaac Corp. v. IBM Corp. / IBM Corp. v. Fair Isaac Corp. D. Minn. 2006

Sky Technologies LLC v IBM Corporation E.D. Tx. 2006

Federal-Mogul Corp. and Felt Products Mfg. Co. v. ElringKlinger AG D.N.J. 2004

Vision-Ease Lens, Inc. v. Essilor International S.A. D. Minn. 2004

Federation Internationale de Football Association v. Nike Inc. D.C.C. 2003

Masterfoods USA v. Arcor USA, Inc. W.D.N.Y. 2002

Nabisco v. Warner-Lambert Co. 2d Cir. 2000

Advance Magazine Publisher’s, Inc. d/b/a/The Conde Nast Publications, Inc. v. Vogue Int’l, Inc. D.N.J. 2000

Bear U.S.A., Inc. v. William Kim, et al. S.D.N.Y. 1999

Brandwynne v. Combe International S.D.N.Y. 1999

Canon Computer Systems, Inc. v. Nu-kote Int'l, Inc. Fed. Cir. 1998

Hershey Foods Corp. v. Mars, Incorporated M.D.Pa 1998

Publications

Protecting against deception in standards-setting organizations Intellectual Asset Management
June/July 2008

How To Assess Trade Secret Damages Managing Intellectual Property
June 2006

Can a Patent Once Adjudicated to Be Invalid Be Resurrected? IP Litigator
January 2003

Events

Process Patents and Enforcement With an Eye on Non-Disclosure of Trade Secrets 2004 AIPLA Spring Meeting
May 13-15, 2004

In The News

Nine Fitzpatrick Partners Named As Top New York Intellectual Property Litigators in the 2008 issue of Super Lawyers: New York Metro Edition Super Lawyers: New York Metro Edition 2008
October, 2008

Fitzpatrick Ranked in Top Five in IP Today's Annual Survey Intellectual Property Today
March 2008

Fitzpatrick Listed as a Tier 1 Intellectual Property Firm in Chambers Global 2008 Chambers Global 2008
January, 2008

Nine Fitzpatrick Partners Named As Top New York Intellectual Property Litigators in the 2007 issue of Super Lawyers: New York Metro Edition Super Lawyers: New York Metro Edition 2007
September, 2007

Fitzpatrick Attorneys Featured in New York Magazine Profile New York Magazine
July 2-9, 2007

Fitzpatrick Named as Leading New York Firm PLC Which Lawyer Yearbook 2007
May 2007

Fitzpatrick Listed as Tier 1 Intellectual Property Firm in Chambers Global 2007 Chambers Global 2007
January 2007

Seven Fitzpatrick Lawyers Listed as Best IP Lawyers in America 2007 Best Lawyers in America 2007
October 2006

Two Fitzpatrick Lawyers Named Best of the Best 2006 The US Best of the Best
July 2006

Fitzpatrick Named as a Leading Firm in Chambers Global 2006 Chambers Global The World's Leading Lawyers for Business
2006

Fitzpatrick Ranked #7 Most Diverse Law Firm in New York The New York Law Journal's Book of Lists 2006
March 2006

Fitzpatrick Named as Leading New York Firm PLC Which Lawyer Yearbook 2006
February 2006

Fitzpatrick Named as a Leading Firm in Chambers Global 2006 Chambers Global
2006

Fitzpatrick Ranked Leading Firm in PLC Which Lawyer 2005/2006 PLC Which Lawyer 2005/2006
December 2005

Eight Fitzpatrick Lawyers Listed as Best IP Lawyers in America 2006, The Most Listed for IP in New York Best Lawyers in America 2006
September 2005

Fitzpatrick Ranked in Band 1 in 2005 Chambers USA Survey Chambers USA: America's Leading Lawyers for Business
May 25, 2005

Seven Fitzpatrick Lawyers Included on List of Best IP Lawyers in America Best Lawyers in America
2005-2006

Fitzpatrick Receives 2004 MCCA Thomas L. Sager AwardNovember/December 2004

Fitzpatrick Ranked #4 In 2004 Diversity ScorecardJune 2004

Fitzpatrick Ranked as Leading Firm in 2004 Chambers USA Survey Chambers USA: Leading Business Lawyers
April 21, 2004

Seven Fitzpatrick Lawyers Listed as Best IP Lawyers in America Best Lawyers in America
2003-2004

Fitzpatrick Ranked # 10 In 2002 Diversity ScorecardDecember 2003

Fitzpatrick Announces Two New PartnersJanuary 1, 2003

Fitzpatrick Ranked As A Top U.S. Intellectual Property Law Firm Chambers Global: World's Leading Lawyers 2003 and Chambers USA: America's Leading Business Lawyers
2003-2004

Six Fitzpatrick Lawyers Ranked as World's Leading Patent Experts 2003 Guide to the World's Leading Patent Law Experts
2003

Fitzpatrick Receives 2002 MCCA Thomas L. Sager AwardOctober 16, 2002

Fitzpatrick, Cella Recognized for 20 Years of Service to Improving JusticeDecember 13, 2001

Four Partners Nominated to the International Who's Who of Business Lawyers2001

California Office Relocates to Larger Quarters2001

Charles P. Baker Elected as Chair of the American Bar Association's Intellectual Property Law Section2001