Jan 15 2016
Laws are in place to protect your business against unfair competition. These laws are primarily broken down into two categories: Those that regulate practices that are meant to cause confusion about the source of a product and those that regulate unfair trade practices.
If you suspect that your Queen Creek business is the victim of unfair competition, it is important that you work with an experienced business lawyer to represent your interests. Here are a few ways you might know if your business is facing unfair competition:
Trademark or Copyright Infringement
Trademarks and copyrights exist to protect your products, unique processes, branding and other intellectual property belonging to your company. However, some competitors may still produce a product remarkably similar to yours or rip off your branding. They may do so thinking that either won’t get caught or that you won’t take the time to pursue legal action.
It is important that you hire a business lawyer to fight trademark and copyright infringement. If you don’t, you’ll be losing money and allowing another company to dilute your brand, thereby losing you even more customers.
Misappropriation occurs when another business uses your product and claims it as their own. The law originated with a case of a newspaper lifting stories from The Associated Press wire service and claiming it was their own work. Misappropriation is similar to trademark and copyright infringement, but it typically involves an intangible item, such as the newspaper articles.
Libel and Slander
Other businesses can practice unfair competition by maligning your brand and trying to drive away customers. Libel includes written statements that incorrectly defame a business, such as an advertisement that wrongly claims you produce a harmful product. Slander includes spoken statements that defame your business, such as a person spreading rumors about your supposedly harmful product.
Both libel and slander must involve statements that are untrue, and the burden of proof is on you.
Competitors can work together to set their prices to undersell you and drive you out of business. Or one competitor could sell their products at an extreme loss, again driving you out of business because you are not able to compete. Unfair pricing laws include a variety of situations, and an experienced business lawyer can help you understand what practices fall under these laws and what you can do about them.
If you believe that you are the victim of unfair competition, you should call the Buntrock Law Group in Queen Creek. We represent clients throughout the state in a variety of cases involving unfair competition or other business matters, such as mergers and acquisitions, corporate governance, or trade secrets. Other unfair competition cases we represent include false advertising, bait and switch selling, and unauthorized substitution. An experienced Queen Creek business lawyer from our team will help you understand the laws that apply to your case and explain your legal rights. Call us today to start fighting the unfair competition practices that unethical businesses in your niche are engaging in.
2158 N. Gilbert Road, Suite 119
Mesa, AZ 85203
Phone: (480) 664-7728