Unfair competition

The law of unfair competition is primarily comprised of torts that cause an economic injury to a business, through a deceptive or wrongful business practice. In this context, unfair competition does not refer to the economic harms involved in monopolies and antitrust legislation.

Unfair competition can be broken down into two broad categories. First, the term “unfair competition” is sometimes used to refer only to those torts that are meant to confuse consumers as to the source of the product. The most familiar example is trademark infringement. The second category, “unfair trade practices,” comprises all other forms of unfair competition including false advertising, “bait and switch” selling tactics, unauthorized substitution of one brand of goods for another, use of confidential information by former employee to solicit customers, theft of trade secrets, breach of a restrictive covenant, trade libel, and false representation of products or services. 

The law of unfair competition is mainly governed by state common law. In the areas of trademarks, copyrights, and false advertising, Federal law may apply. Therefore, if you are in this situation, it is essential that you seek legal advice to preserve your cause of action and to protect your legal rights.

If you have been victimized by others who resorted to underhanded means to sabotage the growth and success of your business, our firm can assist you in recovering damages and exacting reparations for the damage done to your business.