What is unfair competition? Legally speaking, it’s a set of torts dealing with unacceptable marketing techniques that companies use to gain advantage over competitors.
- Purposefully spreading negative gossip about your competitor to gain an advantage;
- Posting fake and negative reviews of competitors on Internet review websites;
- Using a competitor’s logo in a way that tricks consumers;
- Stealing unauthorized data from an employer or competitor;
- Profiting off of another person’s or company’s likeness; or
- Sending misleading e-mails that negatively and unfairly affect a competitors business.
The above list is a sampling. Basically, shady business acts that involve customer deception fall under the “unfair competition” umbrella. Generally, though, anti-trust issues don’t constitute unfair competition.
What Laws Deal With Unfair Competition?
The following U.S. laws address issues related to unfair competition:
- Lanham Act
- Federal Trade Commission Act
- Various State Laws (Dependent on Jurisdiction)
What Civil Torts Are Considered Unfair Competition Torts?
Torts that fall under the unfair competition banner:
- Trademark and Copyright Infringement
- Rights of Publicity
- False Advertising
- “Bait and Switch” Selling Techniques
- Unauthorized Product Substitution
- Misappropriation of Trade Secrets and Client Data
- Breach of Restricted Covenant
- Trade Libel
- False Representation (of Products or Services)
- Tortious Interference
Contact An Unfair Competition Lawyer Today
Kelly / Warner usually works with companies in the tech and Internet marketplace. We have successfully handled countless unfair competition concerns for clients – many of which we cleared up within a few short weeks. If you’re dealing with an unscrupulous competitor and want to take action, get in touch today. We have the answers and legal know-how you need.