The essence of an unfair competition claim under New York law is that the defendant misappropriated the fruit of plaintiff's labors and expenditures. Instructions for filling out the Final Disposition form.What is a deceptive and unfair trade practice? Business torts, including unfair competition, breach of fiduciary duty, and tortious interference with contracts;. Two common examples of unfair competition are trademark infringement and misappropriation. The right to publicity is often invoked in misappropriation issues. Trademark infringement. If someone else steals your intellectual property and uses it to gain revenue or market share, you may be eligible to file a suit. Obtained a preliminary injunction in federal court in an unfair competition claim with no bond requirement after the state court denied the same relief. Find the best probate attorney serving Hillsborough.