Difference between revisions of "Utah Unfair competition and trade/business practices"
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(Created page with "[http://le.utah.gov/xcode/Title13/Chapter5a/13-5a-S102.html Utah Code Ann. 13-5a-102]. Definitions. As used in this chapter: (1) "Control" means: (a) ownership o...") |
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[http://le.utah.gov/xcode/Title13/Chapter5a/13-5a-S102.html Utah Code Ann. 13-5a-102]. Definitions. | [http://le.utah.gov/xcode/Title13/Chapter5a/13-5a-S102.html 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 Title 13 Commerce and Trade Chapter 5a Unfair Competition Act Section 103 Private action for unfair competition. | Utah Code Title 13 Commerce and Trade Chapter 5a Unfair Competition Act Section 103 Private action for unfair competition. | ||
− | + | [http://le.utah.gov/xcode/Title13/Chapter5a/13-5a-S103.html 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 | Enacted by Chapter 372, 2004 General Session |
Revision as of 19:16, 22 January 2015
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.
- (i)
- (b) Notwithstanding Subsection (4)(a), "unfair competition" does not include the departure and hiring of an employee by a competitor.
- (a) Except as provided in Subsection (4)(b), "unfair competition" means an intentional business act or practice that:
Utah Code Title 13 Commerce and Trade Chapter 5a Unfair Competition Act Section 103 Private action for unfair competition.
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