Unfair trade harms by misrepresentation appropriating the first user’s earned credit

Evidence

One such ground is vaguely expressed in the phrase unfair trade. This means that the words are repeated by a competitor in business in such a way as to convey a misrepresentation that materially injures the person who first used them, by appropriating credit of some kind which the first user has earned. — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process, 2073

Categorization

• DEFINE: Brandeis narrows ‘unfair trade’ to credit-appropriating misrepresentation, contradicting the majority’s misappropriation theory.
• XREF: connects to: The law sanctions competing for profits that are largely another’s unearned reward — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process: Basic Problems in…, 2109