Unfair Competition: What Is It?

unfair competition lawyerWhat is unfair competition? Legally speaking, it’s a set of torts dealing with unacceptable marketing techniques that companies use to gain advantage over competitors.

For example:

  • Purposefully spreading negative gossip about your competitor in order to gain an advantage;
  • Posting fake negative reviews of competitors on Internet review websites;
  • Using a competitor’s logo in some way that tricks the consumer;
  • 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 list above is only a sampling. Basically, anything that has to do with shady business competition falls under “unfair competition” in the eyes of the courts. Generally, though, monopolistic and anti-trust issues don’t fall under the unfair competition legal umbrella.

What Laws Deal With Unfair Competition?

The following U.S. laws address issues related to unfair competition:

  1. Lanham Act
  2. Federal Trade Commission Act
  3. Various State Laws (Varies Depending 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.

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