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[Utah Code Table of Contents]
[TITLE 13. Table of Contents]
13-5a-101 Title.
This chapter is known as the "Unfair Competition Act."
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13-5a-102 Definitions.
As used in this chapter:
(1) "Control" means:
(a) ownership of more than 5% of the voting shares or ownership interests of an entity;
(b) the power to vote more than 5% of the voting shares of an entity; or
(c) the ability to influence the management of an entity.
(2) "Cyber-terrorism" means:
(a) the unlawful use of computing resources to intimidate or coerce others;
(b) accessing a computer without authorization or exceeding authorized access;
(c) willfully communicating, delivering, or causing the transmission of a program, information, code, or command without authorization or exceeding authorized access;
(d) intentionally or recklessly:
(i) intends to defraud or materially cause damage or disruption to any computing resources or to the owner of any computing resources; or
(ii) intends to materially cause damage or disruption to any computing resources indirectly through another party's computing resources.
(3) "Depository institution" is as defined in Section 7-1-103 .
(4) (a) Except as provided in Subsection (4)(b), "unfair competition" means an intentional business act or practice that:
(i) (A) is unlawful, unfair, or fraudulent; and
(B) leads to a material diminution in value of intellectual property; and
(ii) is one of the following:
(A) cyber-terrorism;
(B) infringement of a patent, trademark, or trade name;
(C) a software license violation; or
(D) predatory hiring practices.
(b) Notwithstanding Subsection (4)(a), "unfair competition"
does not include the departure and hiring of an employee
by a competitor.
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13-5a-103 Private action for unfair competition.
(1) (a) Except as provided in Subsection (2), a person injured by unfair competition may bring a private cause of action against a person who engages in unfair competition.
(b) In an action under this Subsection (1), a person injured by unfair competition may recover:
(i) actual damages;
(ii) costs and attorney fees; and
(iii) if the court determines that the circumstances are appropriate, punitive damages.
(2) A person may not bring an action described in Subsection (1) against:
(a) a depository institution; or
(b) an entity that:
(i) controls a depository institution;
(ii) is controlled by an entity that controls a depository institution; or
(iii) is controlled by a depository institution.
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