Misappropriation: A Dirge

It is pertinent to note that RESTATEMENT (THIRD) OF UNFAIR COMPETITION § 38 cmt.b (1995), recommends that there should be no residual common law tort of misappropriation ("residual" because the tort right of publicity, the law of trade secrets, and patent and copyright law, not to mention the tort of conversion, would provide remedies against specific forms of what might loosely be called "misappropriation"). Learned Hand, the leading intellectual property judge of the twentieth century, was famously skeptical about misappropriation doctrine in general and the INS decision in particular.See Cheney Bros. v.