Unfair Competition Claims
Handling State & Federal Unfair Competition Claims
Unfair competition refers primarily to dishonest or deceptive practices that cause economic injury to businesses. The doctrine of “unfair competition” has been recognized by Texas courts as an umbrella category for statutory and non-statutory claims arising out of business conduct contrary to honest practices in commercial and industrial matters.
Examples of unfair competition claims include:
- False advertisement
- Passing off” or “palming off” (falsely representing goods/services as another's)
- Misappropriation of trade secrets and theft of trade secrets
- Trademark infringement
- Common law misappropriation
- Breach of restrictive covenant
- Unauthorized substitution of goods by one brand, for another
- Trade slander or libel aimed at ruining a company's reputation
- Bait and switch substitution tactics, such as switching to higher cost product after luring them with a lower cost product
Given that unfair competition claims all involve trade secrets, these claims are oftentimes preempted by federal law under the Lanham Act for trademark or service mark infringement.
Our attorneys understand the complex nuances of unfair competition claims. Call (844) 297-8898 to discuss your case.
Justice Served:
Record Verdicts Achieved
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For their successful pursuit of justice in the face of adversity, Lyons & Simmons attorneys Michael Lyons, Chris Simmons, Chris Carr, and Stephen Higdon have been awarded the Dallas Trial Lawyers Association’s prestigious 2021 John Howie Award. The honor is based on the trial team’s work representing an Alabama mother who lost three children in a tragic West Texas highway accident.
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In a case that drew national attention, Lyons & Simmons attorneys Michael Lyons, Chris Simmons, Chris Carr, P. Wes Black, and Michael Wozniak won a record-setting $109.5 million verdict against CPS Energy after proving the company’s failure to maintain its gas system led to a devastating explosion and fire. The result not only delivered justice for the victims — it set a new standard for accountability in the utility industry.
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The firm secured a landmark jury verdict for a client whose life was permanently changed after systemic hospital failures caused a nearly five-hour delay in emergency surgery, resulting in catastrophic paralysis. The case brought to light serious breaches of hospital policy and was recognized by Courtroom View Network as one of the nation’s top verdicts of 2022.
Knowledgeable Counsel from Proven Advocates
Our attorneys are familiar with how to handle these claims in both state and federal courts, as they are armed with extensive knowledge and experience necessary to navigate the nuances as they apply to the facts of a particular client’s situation. Though many unfair competition claims tend to arise under the Lanham Act or via misappropriation of trade secrets, some cases may call for strategies which utilize lesser-known unfair competition claims and defenses.
Advice for Complex UCC Cases
Lyons & Simmons, LLP handles these cases at any point, from advising companies about unfair competition laws, to seeking or defending emergency injunctions, to litigation and trial.
The following is a brief list of some of the types of unfair competition claims we can assist with:
- Theft of trade secrets
- Trademark infringement claims
- Tortious interference with business relationships
- Unfair licensing and distribution practices
- Predatory pricing
- Unconscionable contracts
- Deceptive marketing practices
- Business fraud
- Spreading false information about a competitor's products
- Violations of non-competition and non-solicitation agreements
- Antitrust violations
Resolving UCC Cases in Texas & Nationwide
The seasoned business litigation lawyers at Lyons & Simmons, LLP have handled a broad range of business-related disputes over the years, including UCC matters. We know how complex these cases can be, which is why we employ thorough investigative strategies, detailed counsel, and strategic representation every step of the way. We understand how to handle cases involving unfair competition claims for clients at both the state and federal level. Whether involving trade secrets or other issues, our lawyers stand ready to utilize effective strategies for your case.
We look forward to discussing your case. Call our firm now at (844) 297-8898.
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“I would highly recommend them to anybody and everybody.”- Pauline S.
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“In a time that was filled with pain, uncertainty and fear, the Lyons & Simmons team made it clear that our only job was to focus on healing while they dealt with everything else. We would not hesitate to recommend them to anyone facing a devastating injury and/or loss.”- Cathy W.
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“What really makes Lyons and Simmons unique is their commitment to securing the best possible outcome for their clients. They advocating for the compensation and support I deserved.”- Adam H.
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$860 Million Wrongful Death: Crane Collapse
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$109.5 Million Gas Explosion: Burn Injuries
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$70 Million Wrongful Death: Negligent Security / Operations
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$60 Million Wrongful Death: Worksite Explosion
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$58 Million Wrongful Death: Worksite Fatality / Explosion
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$37.5 Million Wrongful Death: Trucking Crash
What We Stand For. What We Deliver.
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Client-Focused Attention
As a boutique law firm, you receive personalized attention from attorneys with the resources you would expect from a large law firm. Our mission is to provide representation on par with, if not better than, that of any corporation and give you the best chance to win in the civil justice system.
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Our highly skilled trial lawyers are fearless about going to battle for our clients. When the opposition pushes back, we push back harder. We are determined to end your case with the best possible result.
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A National Reputation
Our firm has successfully tried life-altering wrongful death and personal injury cases throughout Texas and nationwide. We have earned a reputation for taking on—and winning—complex, high-exposure cases.
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