Unfair Competition
Unfair competition is defined as any business act or practice that is considered unlawful, unfair or fraudulent that belongs to the types of business wrongs. This also includes deceptive, unfair, misleading, or untrue advertising.
Categories of Unfair Competition
Unfair competition can be narrowed down into two expansive categories:
• Unfair competition - refers to torts that are meant to confuse consumers as to the source of the product
• Unfair trade practices - includes all the other forms or activities of unfair competition.
Examples of Unfair Competition
Unfair competition is not referred to as the economic harms that involve antitrust legislation and monopolies. The elements that comprise an unfair act differ with the action that is being examined, the context of the business, and the details of the individual case. To fully understand these deceitful actions, the help of experienced attorneys are needed.
Some of the most common examples of unfair competition are the following:
• Palming off
• False advertising and promotion
• Trade dress violations
• Deceptive or misleading trade practices
• Misappropriation
• Trademark infringement
• "Bait and switch" selling tactics
• Trade libel
• False representation of services or products
• Theft of trade secrets
Palming off
Palming off goods is defined as holding out goods to the public that is coming from another source or as goods of another competitor.
False Advertising and Competition
This happens when a business creates a statement in advertising that may be either false or is possible to mislead the consumers as to the product's origin, quality, endorsement, or source.
Trade Dress Violation
A trade dress violation happens when a company copies the appearance of the competitor's product and/or packaging that the consumers experience a hard time telling the distinction.
Unfair or Deceptive Trade Practices
Unfair or deceptive practices occur when a seller acts unfairly or deceives a consumer, whether it is intended or not.
Misappropriation
Misappropriation involves the unauthorized use of an elusive property that is not protected by copyright or trademark laws.
Trademark Infringement
This occurs when one uses a trademark without the authorization of the owner or any licensees, which is confusingly similar or identical to a trademark owned by another party. It is a violation of the exclusive rights that is attached to a trademark.
"Bait and switch"
"Bait and Switch" is a misleading sales tactic where an item is advertised in a low price to attract the consumers then convincing them to buy a more expensive item, telling them that they have an insufficient supply of the item that was advertised or by disparaging the quality of the advertised goods.
Trade Libel
Trade libel is defined as a fallacious and degrading statement of the quality of goods which results in financial damage to the owner.
False representation of services or products
False representation is defined as an incorrect or untrue representation with regards to a products or services that is made with knowledge of its inaccuracy.
Theft of Trade Secrets
Theft or violation of trade secrets occur when a trade secret, technical or commercial information that is used in a business that is not commonly known or used by other competitors, is taken without the authorization of the owner.
These unfair practices are done by some competitors to take advantage of others, thus, unfair competition arises. It is wise to seek assistance from skilled attorneys that will represent you in these unfair competition disputes.
Our skilled
Los Angeles attorneys specialize in business issues such as
unfair competition. Visit our website to avail of our free case evaluation.
