In Greenlight Capital, Inc. v. GreenLight (Switzerland) S.A., No. 04-3136, 2005 WL 13682 (S.D.N.Y. Jan. 3, 2005), the court addressed a statute of limitations defense to a New York State common law unfair competition claim based upon the use of a similar name in a similar industry. The court noted that New York courts applied the six year statute of limitations in unfair competition actions based on fraud, and applied the three year statute of limitations in actions based on damage to property and actions which impose liability based on statute. (Id. at 25-26.) The court reasoned that, as the doctrine of unfair competition encompasses a broad range of unlawful or immoral business practices, the requisite statutory period is equally flexible and will depend on the underlying alleged actions giving rise to the claim. In that case the court concluded that the basis for the unfair competition claim, a company using the name of another company in the same industry, was identical to the type of claims brought under Section 43(a) of the Lanham Act, which was governed by a six year statute of limitations. Accordingly, the court held that the unfair competition was also governed by the six year statute of limitations.