over the goods. Id. citing Norriton, 435 Pa. at 60, 254 A.2d at 638.
In applying the preceding summary judgment principles to the facts thus far of record in this case,
we find that there is sufficient evidence from which a jury may conclude that defendant's actions in writing Allstate property and casualty insurance policies for former Prudential clients, in failing to return all of his client files and cards in a timely fashion to Prudential and in taking and selling the computer from the Castor Avenue office constituted a breach of his obligations under the collective bargaining agreement. Likewise, we believe there is sufficient evidence from which a jury could find that in so doing, Stella further breached his fiduciary duties to his former employer, tortiously interfered with Prudential's contractual relations with its customers, and converted Prudential property.
Similarly, we find that while it is questionable as to whether the client files, cards and computer which defendant failed to timely return contained such confidential and proprietary information as to warrant protection as a trade secret, we shall grant plaintiff the opportunity to produce further evidence as to how this information was developed, disseminated to defendant and protected, if at all. Accordingly, defendant's motion for summary judgment as to these claims shall be denied at this juncture.
The motion shall be granted, however, with respect to plaintiff's unfair competition claim. Indeed, there is absolutely no evidence nor is it even alleged that Stella ever utilized any designation in connection with the insurance products he was selling, which would likely cause confusion, mistake or deception as to the origin, sponsorship or approval of these products and that Prudential has been or is likely to be damaged as a result. See : Keystone Bank v. First Keystone Mortgage, Inc., 923 F. Supp. at 707.
For all of the foregoing reasons, defendant's motion for summary judgment is granted only with respect to plaintiff's claim for unfair competition and plaintiff's cross-motion for summary judgment as to its claim for injunctive relief is denied.
An appropriate order follows.
AND NOW, this 10th day of February, 1998, upon consideration of Defendant's Motion for Summary Judgment and Plaintiff's Cross-Motion for Summary Judgment, it is hereby ORDERED that Defendant's Motion is GRANTED IN PART and DENIED IN PART and judgment is entered in favor of Defendant and against Plaintiff on Plaintiff's claim for unfair competition as set forth in Count III of its complaint. In all other respects, the Motions are DENIED.
BY THE COURT:
J. CURTIS JOYNER, J.