There is such a thing as healthy competition, which is a kind of positive competition that taps into every participant’s full potential to achieve business success. But there is a fine line between this and unfair competition, defined by law as a negative competition involving any illegal or fraudulent business act or practice, along with any false, deceptive, or misleading advertising. This is to say that you must stop your competitor’s unfair practices that jeopardize the success of your intellectual property and overall business. Continue reading to learn more about your right to sue for unfair competition and how an experienced New Jersey unfair competition lawyer at The Ingber Law Firm can help you exercise this right.
As an intellectual property owner, do I have the right to sue for unfair competition?
In short, you may have a legitimate reason to sue for unfair competition if your competitor has engaged in dishonest or otherwise fraudulent behavior that has given them an unfair advantage in your target market. More specifically, your competitor may have exemplified such dishonest or otherwise fraudulent behavior in the following ways:
- Your competitor may have engaged in trademark infringement: for example, they may have used a logo, symbol, or name that is confusingly similar to yours.
- Your competitor may have engaged in trade defamation: for example, they may have made false statements about your business or its products to hurt your reputation.
- Your competitor may have engaged in false advertising: for example, they may have exaggerated facts about their business or its products to make yours look worse in comparison.
Of note, it is in your best interest to confirm the validity of your case before you commit yourself to extensive legal proceedings. In other words, you may want first to confirm that you have a sufficient amount of evidence that points to the following circumstances as relevant and true:
- You must be able to demonstrate that your competitor indeed engaged in dishonest or otherwise fraudulent business practices.
- You must be able to demonstrate that such practices led to consumer confusion.
- You must be able to demonstrate that such confusion led consumers to suffer serious consequences.
How long do I have to commence this lawsuit?
Evidently, choosing to commence legal action against a competitor is a significant decision to make. While it is important to take ample time to reach this decision, you must also remain mindful of the statute of limitations. Generally speaking, the deadline for an unfair competition claim such as yours may be six years from the date on which you allege that your business suffered damages.
The best way to protect your intellectual property rights is to retain the services of a skilled Essex County, New Jersey intellectual property lawyer. So please do not hesitate to contact The Ingber Law Firm today.
