Businesses and business owners can seek compensation for damages incurred as a result of unfair, dishonest, or misleading business actions by filing an unfair competition claim. The specifics of an unfair competition action might differ from state to state as they are brought under state law.
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Any number of wrongdoing might be considered unfair competition. fraudulent statements about the origin or features of a company’s goods and services, bait-and-switch sales techniques, and fraudulent advertising are examples of deceptive business activities that may be eligible. Unfair competition can also include trade libel, which is the fraudulent disparagement of another firm’s goods or services by another company.
Misappropriation of trade secrets or other private information by a business from a rival can also result in unfair competition. Unfair competition may occur, for instance, if a former employee of a corporation competes with his former employer using knowledge and information he acquired while working there.
Importantly, an unfair competition lawsuit can usually only be filed by a rival company, as the name implies. In general, a customer who suffers harm as a result of an unfair or dishonest business activity by a corporation is not entitled to file a claim for unfair competition (though they may be able to pursue alternative remedies). Furthermore, a firm must genuinely suffer injury as a result of the unfair, dishonest, or deceptive business behavior in order for an unfair competition claim to be successful.
When a plaintiff successfully files an unfair competition lawsuit, they frequently get an order compelling the defendant to stop participating in unfair, dishonest, or misleading behavior in addition to damages, which are financial recompense for the harm they caused.
Unfair Competition Types
The most common forms of unfair competition are seven. We’ll go over each one and offer instances.
False advertising.
This is a well-known problem that has cost some businesses millions of dollars and caused hundreds of controversies. It entails making false claims about a product in order to increase sales. These advertisements typically claim that a product will address a certain issue, but in reality, they don’t. It is a common technique among food and dietary supplement makers. For instance, in 2010 Dannon had to pay $45 million for it. There was no scientific proof for their claim that their yogurt helped control the digestive tract.
infringement of trademarks.
It entails intellectual property theft. For instance, rivals may utilize your phrase or brand to advertise their goods in an effort to gain a larger portion of the market. For this reason, registering your trademark is essential.
Tricks that bait and switch.
In retail settings, this dishonest technique is frequently employed. A product is advertised at a ridiculously low cost, and when customers visit the store, they are informed that the product is no longer available. They are therefore given the option to purchase a comparable but more costly item. This technique is illegal in several places in the United places.
unapproved replacement.
This procedure is comparable to the earlier one. It entails marketing a product that buyers do not anticipate purchasing. Once a merchant receives payment, they may provide a customer a subpar or even fake item. These products frequently have overstated characteristics.
theft of commercial secrets.
It indicates that your rival has figured out how to replicate your recipe, tactic, or technique, which provided you with a competitive edge, and is using it to increase sales. In this instance, an employee may be a source of information leaks. Confidentiality provisions are regulated by a non-disclosure agreement.
Spreading false information.
This behavior is self-explanatory. In an effort to appear more impressive, rivals may disparage your company in their marketing initiatives.
offering products for less than they are worth.
Even if its net cost is larger than others in the market, a corporation sets a considerably lower pricing. They make less money this way, but it gives them a larger market share and helps them stave off competitors.
Knowing the many forms of unfair competition can help you defend your company from dishonest sales tactics.
