Appellate Victory on Claims of Misappropriation and Unfair Competition

On September 23, 2014, the U.S. Court of Appeals for the Second Circuit affirmed summary judgment in favor of Sher Tremonte’s clients in a lawsuit seeking $25 million in damages. The case involved a product designer who accused Sher Tremonte’s clients, a high-end cosmetics company and its CEO, of stealing the designer’s concept for an airbrush-applied makeup system. The court affirmed judgment in favor of the company and the CEO on all of the plaintiff’s causes of action, including claims of misappropriation of idea and unfair competition. The court was persuaded by Sher Tremonte’s arguments that the parties’ discussions on a blog did not constitute a binding agreement. Read the decision here.