“We have long recognized two theories of common-law unfair competition: palming off and misappropriation.” See ITC Ltd. v. Punchgini, Inc., 9 N.Y.3d 467, 476 (2007).

1. Defendant misappropriated the fruits of Plaintiff’s labor by obtaining access to plaintiff’s ideas through fraud or deception, or the abuse of a fiduciary or confidential relationship; and
2. “(1) that the defendant’s activities have caused confusion with, or have been mistaken for, the plaintiff’s activities in the mind of the public, or are likely to cause such confusion or mistake; or (2) that the defendant has acted unfairly in some manner.”

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