TO: Partner, BIG NEW YORK CITY LAW FIRM
FROM: ____[insert name]____, Associate
RE: Lucy Silver "Airebulls" & Unfair Competition
Our longtime client, Lucy Silver, has developed and been engaged in the business of breeding and selling a unique breed of dog that she calls "Airebulls," a cross between Pitbulls and Airedales. She sells and delivers each dog with papers attesting to its lineage, breeding and shots, along with a booklet that she has authored which describes how to train the unique breed. Recently, another dog breeder located in Texas, "Faulkner," has begun breeding and selling Airebulls in New York. Faulkner's advertising brochure claims that its Airebulls are "smarter, stronger and faster than Silver Airebulls." Ms. Silver states that Faulkner is selling its dogs for $4,000 each (she sells hers for $3,000), but, since Faulkner sells its dogs without shots, customers end up paying more for a Faulkner dog. In addition, there is another competitor, "Marino Breeders," of Staten Island, which has just begun breeding Airebulls. They do not, however, mention Silver Airebulls in their literature. Ms. Silver states that she has already lost three customers to Faulkner and one to Marino. Our client states that the actions of these two companies are unfair.
Does our client, Lucy Silver, have a cause of action against either Faulkner or Marino?
Ms. Silver may be able to prohibit competition in the breeding and sale of "Airebulls," specifically, as to both Faulkner and Marino. (It is not stated how long Faulkner has been breeding Airebulls in Texas. This fact could be pivotal and should be investigated further.) She may clearly enjoin material misrepresentations in Faulkner's advertising brochures if, in fact, the representations are untrue, although she has no cause of action as to Faulkner's higher price for their dogs.
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