Unfair competition - when certain types of improper competitive behavior are regarded as unlawful - can occur in several different ways. Common examples include:
• making threats against a competitor or a competitor's customers
• interfering in profitable contractual relationships that a competitor has with third parties, and
• selling goods and services by misrepresenting their character, quality, or source.
This final form of unfair competition is similar to trademark infringement and frequently involves the misuse of a competitor’s unregistered trademarks. Generally, unfair competition law creates rights to those trademarks automatically without any registration required. But to assert these rights, it is necessary to take action against parties believed to be violating the laws of the jurisdiction concerned.
At Hilborne we offer the legal advice to determine whether a form of competition may be regarded as illegal and also take steps to resolve any problems. These include initiating litigation, going to court, demonstrating that a prohibited form of competitive behavior is occurring and helping to seek remedies.
Legal advice is generally necessary because unfair competition law varies widely from country to country -- something unlawful in one country may be lawful in another. Showing that rights have indeed been violated, however, is even more difficult. Unfair competition often does not involve the misuse of a registered trademark, making it difficult to demonstrate that something objectionable has occurred.
That problem often makes cases difficult to resolve and ultimately quite expensive. If successful, however, the usual remedies of injunctions and compensatory damages are typically available to plaintiffs.