Restatement (Third), Unfair Competition § 38

RESTATEMENT OF THE LAW, 3rd,
UNFAIR COMPETITION

§ 38 APPROPRIATION OF TRADE VALUES

One who causes harm to the commercial relations of another by appropriating the other's intangible trade values is subject to liability to the other for such harm only if:

(a) the actor is subject to liability for an appropriation of the other's trade secret under the rules stated in § § 39-45; or

(b) the actor is subject to liability for an appropriation of the commercial value of the other's identity under the rules stated in § § 46-49; or

(c) the appropriation is actionable by the other under federal or state statutes or international agreements, or is actionable as a breach of contract, or as an infringement of common law copyright as preserved under federal copyright law.