1. Show Me The Money Sports Agency is likely to win a tortious interference with a contract lawsuit against Tortious Competitor Agency for unlawfully hiring Show Me The Money Sports Agency’s employee, Tom Cuban while under contract at Show Me The Money. In order to prevail in a lawsuit alleging tortious interference with a contract, the plaintiff must first prove the existence of a valid, enforceable contract. In this case, Tom Cuban signed a contract agreeing not to compete with Show Me The Money for a minimum of two years following termination of employment at Show Me The Money. The next requirement needed to prove tortious interference with a contractual relationship is proving that the third party, in this case, Tortious Competitor Agency
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Show Me The Money Sports Agency is somewhat likely to win a tortious interference with a business relationship lawsuit against Tom Cuban for taking predatory measures to steal customers from Show Me the Money by way of negatively portraying Show Me The Money’s employees for Tortious Competitor Agency’s benefit. In order to win this lawsuit alleging this business relationship tortious interference, Show Me The Money will have to prove that Cuban utilized wrongful, predatory methods to drive his former employer out of business; i.e. the opposite of free market competition. First and foremost it is clear that Cuban intervened with the client-business relationship in this case. However, while what Cuban did is clearly unethical and interfered with the client-business relationship Show Me The Money had with said clients, the stories pertained to one employee, Bob Mack rather than Show Me the Money in general. If Show Me The Money can prove that by telling these negative stories about Mack, Cuban is purposefully ruining the reputation of Show Me the Money with the intent to drive them out of business, there is a potential that the case can go in their …show more content…
GatorPower is likely to win a trademark infringement lawsuit against both Tom Cuban and Tortious Competitor Agency for utilizing the brand name in a marketing plan created to secure clients for Tortious Competitor. In order to succeed in such an action GatorPower first has to have a registered trademark or tradename. Subsequently, the plaintiff has to prove that the defendant’s use of the mark created a likely confusion about the origin of the defendant’s goods or services. No actual intention to do so needs to be proven. Because the marketing plan was used to persuade other clients to use Tortious Competitor Agency’s services, by crediting an endorsement security to Tortious Competitor, there is an established reasonable confusion surrounding the origin of the defendant’s
Show Me The Money Sports Agency is somewhat likely to win a tortious interference with a business relationship lawsuit against Tom Cuban for taking predatory measures to steal customers from Show Me the Money by way of negatively portraying Show Me The Money’s employees for Tortious Competitor Agency’s benefit. In order to win this lawsuit alleging this business relationship tortious interference, Show Me The Money will have to prove that Cuban utilized wrongful, predatory methods to drive his former employer out of business; i.e. the opposite of free market competition. First and foremost it is clear that Cuban intervened with the client-business relationship in this case. However, while what Cuban did is clearly unethical and interfered with the client-business relationship Show Me The Money had with said clients, the stories pertained to one employee, Bob Mack rather than Show Me the Money in general. If Show Me The Money can prove that by telling these negative stories about Mack, Cuban is purposefully ruining the reputation of Show Me the Money with the intent to drive them out of business, there is a potential that the case can go in their …show more content…
GatorPower is likely to win a trademark infringement lawsuit against both Tom Cuban and Tortious Competitor Agency for utilizing the brand name in a marketing plan created to secure clients for Tortious Competitor. In order to succeed in such an action GatorPower first has to have a registered trademark or tradename. Subsequently, the plaintiff has to prove that the defendant’s use of the mark created a likely confusion about the origin of the defendant’s goods or services. No actual intention to do so needs to be proven. Because the marketing plan was used to persuade other clients to use Tortious Competitor Agency’s services, by crediting an endorsement security to Tortious Competitor, there is an established reasonable confusion surrounding the origin of the defendant’s