Unfair Competition

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California Business Litigation Attorney

California Unfair Competition Lawyer

What is Unfair Competition in Business?

In a perfect world, everyone is free to create their own business and thrive with no other company trying to harm their brand through unethical means. Unfortunately, many companies will resort to unfair competition to succeed beyond their competitors. The term “unfair competition” describes an array of harmful business practices used to either bolster one’s own profits or bring harm to another company.

Our California unfair competition attorneys understand how state and federal laws aim to prevent this type of behavior, and we investigate whether companies are engaging in unlawful practices. If another company is using malicious methods to bolster their own businesses or if you are facing unjust accusations of unfair competition, speak with us. We can meet with you, analyze your options and chart a path toward a successful resolution for you and your business.

We are ready to guide you through this time. Contact FONTANA & RUSSELL, LLP at +1 (646) 992-4711.

What Our Clients Are Saying

"I was immediately put at ease with the treatment I received and attention to detail. "
John G.
“I recommend Purdy and Bailey with a 5 star review.”
J.B.
“FONTANA & RUSSELL are the real deal.”
J.K.

Business Practices That Qualify as Unfair Competition

Business and competition go hand-in-hand, but that doesn’t mean an organization can resort to unfair business practices. A competitor’s deceptive or wrongful acts can result in monumental damage to your business. Fortunately, there are federal and state laws designed to protect the creative, intellectual and economic investments made by a business in distinguishing themselves and their products. Below we’ll discuss examples of unfair competition and how you can protect yourself.

Unfair competition is an umbrella term for several different types of economic torts. Examples of unfair competition include:

  • Trademark infringement is the unauthorized use of a trademark or service mark on or in connection with goods or services that is likely to cause confusion about their source.
  • Unauthorized substitution of one brand of goods for another is also known as “bait and switch,” in which a seller uses trademarked images on their products for financial gain.
  • Misappropriation of trade secrets includes stealing a competitor’s secrets and using them for financial gain.
  • False representation of products or services is when someone makes any materially misleading product warranty or guarantee.
  • False advertising can include exaggerated claims or straight up lies about a product or service. State and federal laws both protect business owners when it comes to unfair competition. Courts have a number of tools to prevent this, and to restore money or property to victims of unfair competition. In California, victims can collect monetary and injunctive relief. If you’re a victim, the courts look at several factors when determining compensation, including the number of violations, the seriousness of the misconduct, the length of the deceptive acts, and the defendant’s assets, liabilities and net worth.

How Do Unfair Competition Laws Help the Business Sector?

  • Unfair competition laws strive to uphold five basic principles of the business market:
  • Protect a business’s economic, creative and intellectual investments
  • Preserve the goodwill the business has generated with customers
  • Dissuade competitors from damaging another business’s goodwill
  • Encourage clarity to consumers about which brand they are supporting
  • Promote competition by encouraging companies to create better quality products than their competitors

Companies that aim to impugn the relationship that another business has with its customers, or if it attempts to deceive customers about which product they are buying, could face accusations of unfair competition. Trademark infringement, false advertising and exposing trade secrets are all types of unfair competition that are actionable in a court of law.

Handling Deceptive Business Practices in California

Our motto is “On Target, On Time, First Pass.” From the beginning, we map out the best path to success that minimizes risk whenever possible. When problems arise, we help businesses and individuals find unique solutions to their legal obstacles, including business litigation.

If you are just beginning the process of business incorporation, we can explain how to avoid the pitfalls of unfair competition as you grow your brand by protecting your trade secrets and proprietary information. This may include drafting corporate policies, confidentiality agreements, and business contracts. Take advantage of our Registered Agent service to have us stay on top of any potential claims against your business.

Contact our business litigation attorneys in California at +1 (646) 992-4711 to have your company’s current strategies reviewed.

Cases We Handle

California Business Litigation Attorney

California Unfair Competition Lawyer

What is Unfair Competition in Business?

In a perfect world, everyone is free to create their own business and thrive with no other company trying to harm their brand through unethical means. Unfortunately, many companies will resort to unfair competition to succeed beyond their competitors. The term “unfair competition” describes an array of harmful business practices used to either bolster one’s own profits or bring harm to another company.

Our California unfair competition attorneys understand how state and federal laws aim to prevent this type of behavior, and we investigate whether companies are engaging in unlawful practices. If another company is using malicious methods to bolster their own businesses or if you are facing unjust accusations of unfair competition, speak with us. We can meet with you, analyze your options and chart a path toward a successful resolution for you and your business.

We are ready to guide you through this time. Contact FONTANA & RUSSELL, LLP at +1 (646) 992-4711.

What Our Clients Are Saying

"I was immediately put at ease with the treatment I received and attention to detail. "
John G.
“I recommend Purdy and Bailey with a 5 star review.”
J.B.
“FONTANA & RUSSELL are the real deal.”
J.K.

Business Practices That Qualify as Unfair Competition

Business and competition go hand-in-hand, but that doesn’t mean an organization can resort to unfair business practices. A competitor’s deceptive or wrongful acts can result in monumental damage to your business. Fortunately, there are federal and state laws designed to protect the creative, intellectual and economic investments made by a business in distinguishing themselves and their products. Below we’ll discuss examples of unfair competition and how you can protect yourself.

Unfair competition is an umbrella term for several different types of economic torts. Examples of unfair competition include:

  • Trademark infringement is the unauthorized use of a trademark or service mark on or in connection with goods or services that is likely to cause confusion about their source.
  • Unauthorized substitution of one brand of goods for another is also known as “bait and switch,” in which a seller uses trademarked images on their products for financial gain.
  • Misappropriation of trade secrets includes stealing a competitor’s secrets and using them for financial gain.
  • False representation of products or services is when someone makes any materially misleading product warranty or guarantee.
  • False advertising can include exaggerated claims or straight up lies about a product or service. State and federal laws both protect business owners when it comes to unfair competition. Courts have a number of tools to prevent this, and to restore money or property to victims of unfair competition. In California, victims can collect monetary and injunctive relief. If you’re a victim, the courts look at several factors when determining compensation, including the number of violations, the seriousness of the misconduct, the length of the deceptive acts, and the defendant’s assets, liabilities and net worth.

How Do Unfair Competition Laws Help the Business Sector?

  • Unfair competition laws strive to uphold five basic principles of the business market:
  • Protect a business’s economic, creative and intellectual investments
  • Preserve the goodwill the business has generated with customers
  • Dissuade competitors from damaging another business’s goodwill
  • Encourage clarity to consumers about which brand they are supporting
  • Promote competition by encouraging companies to create better quality products than their competitors

Companies that aim to impugn the relationship that another business has with its customers, or if it attempts to deceive customers about which product they are buying, could face accusations of unfair competition. Trademark infringement, false advertising and exposing trade secrets are all types of unfair competition that are actionable in a court of law.

Handling Deceptive Business Practices in California

Our motto is “On Target, On Time, First Pass.” From the beginning, we map out the best path to success that minimizes risk whenever possible. When problems arise, we help businesses and individuals find unique solutions to their legal obstacles, including business litigation.

If you are just beginning the process of business incorporation, we can explain how to avoid the pitfalls of unfair competition as you grow your brand by protecting your trade secrets and proprietary information. This may include drafting corporate policies, confidentiality agreements, and business contracts. Take advantage of our Registered Agent service to have us stay on top of any potential claims against your business.

Contact our business litigation attorneys in California at +1 (646) 992-4711 to have your company’s current strategies reviewed.

Contact FONTANA & RUSSELL, LLP

Whether you have questions or you’re ready to get started, our legal team is ready to help. Complete our form below or call us at +1 (646) 992-4711
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