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
- Bait and switch substitution tactics, such as switching to higher cost product after luring them with a lower cost product
- Unauthorized substitution of goods by one brand, for another
- Trade slander or libel aimed at ruining a company's reputation
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.
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.
Our attorneys understand the complex nuances of unfair competition claims. Call (844) 297-8898 to discuss your case.