The First Department unanimously affirmed the New York Supreme Court’s decision to dismiss a complaint filed by Bodum USA, Inc., against Alpha Dominche, Ltd., in its entirety, on March 30, 2017. Alpha was represented by Levine Lee LLP. The complaint alleged breach of contract, misappropriation of trade secrets, tortious interference with contract and unfair competition arising from Alpha’s hiring of its CEO Thomas Perez from Bodum. The First Department adopted Alpha’s argument that Bodum failed to adequately allege that it competes with Alpha because it did not plead the relevant market with reference to the rule of reasonable interchangeability. Additionally, the First Department held that Bodum’s complaint failed to state a claim because it was comprised of solely conclusory allegations. The First Department also denied Bodum leave to amend its complaint.

Seth L. Levine, Scott B. Klugman and David J. Lizmi worked on the matter, and Mr. Levine argued the appeal. The case is Bodum USA, Inc. v. Thomas Perez, et al., 151790/15 (First Dep’t).