Tort Law

Brien Roche

This page within Virginia Tort Case Law is a compilation of cases reported by the Virginia Supreme Court and summarized by Brien Roche dealing with the topic of Unfair Competition. 

Unfair Competition-Statutes

See Va. Code § 59.1-338.1 authorizing a court to award punitive damages in cases where willful and malicious misappropriation of trade secrets has occurred. An award of attorney fees is permitted when an action under this Act is brought or resisted in bad faith or willful or malicious misappropriation of trade secrets has occurred.

Unfair Competition-Cases

2001 Motion Control Sys., Inc. v. East, 262 Va. 33, 546 S.E.2d 424.

To establish violation under Va. Code § 59.1-337, plaintiff must prove actual or threatened misappropriation of trade secrets, not just knowledge of trade secrets.

1958 Rosso & Mastracco v. Giant Food, 200 Va. 159, 104 S.E.2d 776.

Words or symbols used in connection with one’s goods or services acquire secondary meaning when they have become associated in mind of public with origin of goods or services. Unfair use of trade name or simulation of it, constitutes unfair competition. In unfair competition case confusion or likelihood of confusion is fundamental issue.

For more information on unfair competition see the pages on Wikipedia.