Unfair Competition: What Is It?

unfair competition lawyer 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.

For example:

  • 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:

  1. Lanham Act
  2. Federal Trade Commission Act
  3. 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.

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