...Press, 248 US 215 (1918). the ability of other parties to free ride on the efforts of the plaintiff would so reduce the incentive to produce the product...or service that its existence or quality would be substantially threatened. The court then focused on the three elements of this test that are not elements...

...competes directly with the investor's product or service, and (4) conduct of this kind, if repeated by others, would so reduce the incentive to produce the...or service that its existence or quality would be substantially threatened. To the same end, Professor Wendy Gordon would allow courts to recognize a...

...have suggested that the proper trigger for liability is whether the misappropriation "so reduce[s] the incentive to produce the product or service that its existence or quality would be substantially threatened," a test from the National Basketball Association v. Motorola case.9 While...

...constitutes free- riding on the plaintiff's efforts; and the ability of other parties to free- ride on the efforts of the plaintiff or others would so...reduce the incentive to produce the product or service uiat its existence or quality would be substantially threatened. In at least three of these instances,...

...offered by the plaintiff; (v) the ability of other parties to free-ride on the efforts of the plaintiff would so reduce the incentive to produce the product or service that its existence or quality could be substantially threatened."35 The meat is in (v), with (i) through (iv) identifying the conditions...

...hy the plaintiff; aod (v) the ahility of other parties to free-ride on the efforts of the plaiotiff would so reduce the incentive to produce the product or service that its existeoce or quality would he suhstaotially threatened. ' 7 A. The plaintiff geoerates or collects...

...injury on the database"t8 and the ability of others to free-ride on the efforts of the database owner "would so reduce the incentive to produce the product...or service that its existence or quality would be substantially threatened."t9 An exception is granted to "nonprofit educational, scientific, and research...

...defendant is in direct competition with a product or service offered by the plaintiff; and (v) the ability of other parties to free-ride on the efforts of the...or service that its existence or quality would be substantially threatened.157 150 Ibid. 151 [1993] 12 EIPR D-282-3. 152 See M. Davison, The Legal Protection...

...constitutes free- riding on the plaintiff's efforts; and the ability of other parties to free- ride on the efforts of the plaintiff or others would so...or service that its existence or quality would be substantially threatened. In at least three of these instances, discussed further below, the definitions...