Addressing Unfair Competition Matters
Unfair competition is the subject of both state and federal statutes. In this state, California Business and Professions Code Section 17200 prohibits “any unlawful, unfair or fraudulent business act or practice” in addition to false or misleading “advertising.” A claim of statutory unfair competition is typically combined with a claim of infringement of intellectual property.
I am attorney Lawrence G. Townsend. Based in , I have handled many unfair competition cases under this statute. If you believe that your business has been damaged due to unfair competition by a former employee or other party, you should talk to an intellectual property lawyer as soon as possible.
What Does Your Case Involve?
I typically handle cases involving:
- Trademark infringement
- Claims of “false designation of origin”
- A seller of a business or a former partner or shareholder who has started a new business, which is claimed to be a violation of a noncompetition agreement
- The enforceability of restrain of trade agreements, outside of permitted uses for sales of business interests, that have the effect of severely restricting or disallowing the free right to engage in one’s chosen trade or profession
When we meet to discuss your case, I will help you identify legal options that will protect your business and hold the responsible party accountable for the unfair competition they have created.
Proving Unfair Competition
Successfully establishing an unfair competition claim requires demonstrating several key elements. California courts typically require plaintiffs to show specific legal factors and provide compelling evidence. The following elements are crucial for building a strong case:
- Identifying unlawful, unfair or fraudulent business practices by the defendant
- Evidence of economic injury or likelihood of injury to the plaintiff
- Causal connection between the defendant’s conduct and the plaintiff’s harm
- Standing to bring the claim under the relevant statutes
Documentation plays a crucial role in these cases, and early collection of evidence significantly strengthens your position during litigation or settlement negotiations. I can help businesses build a case against parties that have practiced unfair competition.
Common Unfair Competitive Digital Business Practices
The internet has introduced novel forms of unfair competition that present unique challenges for businesses operating online. Digital marketplaces create opportunities for competitors to engage in practices that may violate California’s unfair competition laws in ways not possible in traditional business environments:
- Cybersquatting: Registering domain names similar to established brands
- Meta tag abuse: Using competitors’ trademarks in hidden website code
- Review manipulation: Creating false reviews or paying for positive ones
- Search engine optimization abuse: Improperly using competitor names
- Social media impersonation: Creating accounts that mimic legitimate businesses
Vigilant monitoring and swift action are essential for protecting your business interests in the digital marketplace, where unfair practices can quickly damage your reputation and customer relationships. I can help identify unfair competitive practices that have harmed your business and help you build a case to recover compensation.
Damages And Remedies For Unfair Competition
California law provides several powerful remedies for businesses harmed by unfair competition practices. Understanding the available remedies helps in planning strategic responses to unfair competition and setting realistic expectations about potential outcomes:
- Injunctive relief: The court orders the stopping of the unfair practices
- Restitution: Recovery of money or property wrongfully acquired
- Disgorgement: Forcing defendants to surrender profits from unfair practices
- Attorney fees: Available in some cases with significant public benefit
Calculating damages requires careful analysis and often involves financial experts who can quantify both direct losses and more complex forms of market harm resulting from unfair competition.
Contact An Attorney In For Help With Unfair Competition Claims
Contact me, California unfair competition law attorney Larry Townsend today. I can meet with you and together we can discuss the legal options for your case.