Orange County Unfair Competition Attorney

Fair competition is allowed in California. Unfair competition is not. Whether you are accused of unfair competition or are a victim of unfair competition, it could spell the end of your business and livelihood.

Unfair competition is when a person or business is competing against you and your business unfairly. The California Business and Professions Code defines it in part as “any unlawful, unfair or fraudulent business act or practice and unfair, deceptive, untrue or misleading advertising and any act prohibited by” this chapter. The law is intended to protect both consumers and competitors by promoting fair competition in commercial markets for goods and services. Unfair competition can arise in many instances. The following are a few scenarios we have handled:

• Covenants not to compete. If you purchase a business, you do not expect the seller to open a competing business around the corner to compete with you in a business you bought
• Confidential information. When an employee leaves his former employer and joins a new company, he may have taken privileged or confidential information. If he took privileged or confidential information with him, and if is he using that information in his new job, both the former employee and the new company can be liable
• Trade secrets. The unauthorized use of confidential information or trade secrets to start a competing business or to steal customers from an existing business
• Intellectual property. The unauthorized use of your trademark, trade name, copyright, or likeness to pass themselves off as you so consumers are confused. Such practices may also violate Federal and State trademark law (e.g., “passing off” or “palming off” of one’s goods as those of another; or presenting one’s goods in such a false and misleading light they are likely to be confused with those of another)