Utah Unfair competition and trade/business practices

Utah Code Ann. 13-5a-102. Definitions.

As used in this chapter:

(1) "Control" means:

(a) ownership of more than 5% of the voting shares or ownership interests of an entity;

(b) the power to vote more than 5% of the voting shares of an entity; or

(c) the ability to influence the management of an entity.

(2) "Depository institution" is as defined in Section 7-1-103.

(3) "Malicious cyber activity" means:

(a) the unlawful use of computing resources to intimidate or coerce others;

(b) accessing a computer without authorization or exceeding authorized access;

(c) willfully communicating, delivering, or causing the transmission of a program, information, code, or command without authorization or exceeding authorized access; and

(d) intentionally or recklessly:

(i) intends to defraud or materially cause damage or disruption to any computing resources or to the owner of any computing resources; or

(ii) intends to materially cause damage or disruption to any computing resources indirectly through another party's computing resources.

(4)

(a) Except as provided in Subsection (4)(b), "unfair competition" means an intentional business act or practice that:

(i)

(A) is unlawful, unfair, or fraudulent; and

(B) leads to a material diminution in value of intellectual property; and

(ii) is one of the following:

(A) malicious cyber activity;

(B) infringement of a patent, trademark, or trade name;

(C) a software license violation; or

(D) predatory hiring practices.

(b) Notwithstanding Subsection (4)(a), "unfair competition" does not include the departure and hiring of an employee by a competitor.

Utah Code Ann. 13-5a-103. Private action for unfair competition.

(1)

(a) Except as provided in Subsection (2), a person injured by unfair competition may bring a private cause of action against a person who engages in unfair competition.

(b) In an action under this Subsection (1), a person injured by unfair competition may recover:

(i) actual damages;

(ii) costs and attorney fees; and

(iii) if the court determines that the circumstances are appropriate, punitive damages.

(2) A person may not bring an action described in Subsection (1) against:

(a) a depository institution; or

(b) an entity that:

(i) controls a depository institution;

(ii) is controlled by an entity that controls a depository institution; or

(iii) is controlled by a depository institution.

Enacted by Chapter 372, 2004 General Session