OHIO Part 60

3. Unjustifiable Harm to Third Parties

The issue of “unjustifiable harm” frequently centers upon the effect of granting an injunction on free and fair competition. However, courts have frequently found that fair competition does not engender competition through illegal means. In a case on point, the court stated:

Had defendants entered the field through their own entrepreneurship, plaintiff would have no legal protection against their competition. However, where competition arises solely from the misappropriation of trade secrets, injunction is the proper remedy.