Ensuring That Your Competitors Are Playing Fairly
Competition is an integral part of our free market economy—but everybody ought to have a level playing field. When your competitors engage in deceptive or misleading practices, you have the right, under both state and federal laws, to take legal action to put a stop to it.
What Is Unfair Competition?
Unfair competition is a bit of a catchall phrase, used under the law to refer to a number of prohibited acts:
- Violation of intellectual property rights — If you have a registered trademark, a copyright or patent, or have protected a key component of your business as a trade secret, you can take legal action when a competitor wrongfully uses your protected material.
- False statements regarding goods or services — Providers of goods and services cannot make false or misleading claims about the value or scope of their product. This can be on the product itself or in advertising
- Substitution of one brand of goods for another — This typically takes the form of a “bait and switch, where a company advertises your product, but sells another.
- Tortious interference with a contractual relationship — This happens when a third party engages in wrongful behavior with the intent of forcing a party to breach its obligations under a contract.
- Tortious interference with a business relationship — This can involve any conduct that’s designed to interfere with or diminish the value of a competitor’s relationship with a customer or vendor. For example, a company may falsely tell others that a vendor has not delivered as promised.
Remedies for Unfair Competition
In addition to monetary damages for any losses sustained, the victim of unfair competition can typically ask for injunctive relief, a remedy that give the court the authority to issue an order prevent the wrongful conduct.
Contact Maris & Lanier, P.C.
To learn how we can help you protect your business interests, send us an e-mail or call our office at 214-706-0929 for an appointment.
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