Cal. Bus. & Prof. Code 17200 and 17500 Are Meant to Promote Fair Competition
Fair competition in California’s commercial markets is considered a legal and very positive thing. Healthy competition can encourage providers of goods and services to improve quality and value and it provides customers greater selection. Unfair competition on the other hand is disallowed and worth noting, since being on the receiving (or giving) end of such activity can mean the end of your business.
What is unfair competition? According to the California Business and Professions Code, unfair competition is when an individual or business commits “any unlawful, unfair or fraudulent business act or practice and unfair, deceptive, untrue or misleading advertising and any act prohibited [by law].”
Nexio Law Firm attorneys have handled a number of cases for clients who have been harmed by, or accused of engaging in, unfair competition. Situations where these accusations arise include:
- Infringement of Trademark, trade name, or trade dress - Using intellectual property like trademarks or other business likenesses, without permission to misrepresent the business and confuse customers into thinking they’re purchasing goods and services from a different company.
- Misappropriation of Trade secrets - Using confidential information such as trade secrets, technology, or customer data to start a competitive business and/or steal customers. Its most common seen when a former employee takes confidential information after leaving a former employer and using that information to do work for a different employer.
- False advertising - Also known as deceptive advertising, involves the use of confusing, misleading or blatantly untrue statements to misrepresent the nature, characteristics, origin or other qualities of a company’s goods, services or commercial activities.
If You’ve Been Affected by Unfair Competition or False Advertising…Take Action!
When people hear the term “unfair competition,” they often think things like anti-trust, monopolization, transfer pricing schemes, sham transactions, or shameless “copycat” businesses. But unfair competition is not limited to those acts. Often, it comes in a much subtler form of economic injury (tort) such as intellectual property misuse and less-than-straightforward business transactions.
If you’re a victim of unfair competition or false advertising—or have been accused of harming someone else through similar actions—you need to put a damage control plan in place. Start by calling Nexio Law Firm.
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The attorneys at Nexio Law Firm are committed to helping our clients achieve their objectives. We can be reached at (949) 478-6830 or complete our contact form and we’ll be in touch soon.