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United States State Unfair Competition Law Overview

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Unfair Competition Law
Current State Statutory Sources of Protection against Unfair Competition

Basic Elements of Unfair Competition and the Scope of Its Protection

Galt House, Inc. v. Home Supply Co., 483 S.W.2d 107, Ct. of App. Ky. (1972)

Common Law Elements of Unfair Competition:

Non-functionality requirement:

Crescent Tool Co. v. Kilborn & Bishop Co., 247 Fed. 299 (2d Cir. 1917)

Geographic Limitations on Protection

The Sample, Inc. v. Porrath, 41 A.D.2d 118, 341 N.Y.S.2d 683 (1973)

David B. Findlay, Inc. v. Findlay, 18 N.Y.2d 12, 218 N.E.2d 531 (1966)

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