It is natural to experience some healthy competition with other businesses. But what is not okay is if one of your competitors begins to infringe upon your intellectual property rights. That is, you may have to respond to this behavior with legal action. Read on to discover whether you have an unfair competition case on your hands and how a seasoned New Jersey unfair competition lawyer at The Ingber Law Firm can navigate you through the best legal course of action.
Under what circumstances might I have an unfair competition case on my hands?
First of all, unfair competition is considered when a competitor practices dishonest methods or unfair advantages that hurt your business. Typically, such “dishonest methods” and “unfair advantages” tend to deceive potential customers in the process. Without further ado, below are common examples of how unfair competition might arise:
- A competitor uses your business information, which is not meant to be widely available, to get their product or service ahead in the market.
- A competitor uses your federally registered trademark (i.e., your business’s name, symbol, or logo). Such trademark infringement ultimately confuses your potential customers.
- A competitor publicizes a false statement of fact about your business that intentionally disparages the quality of your products or services. Such trade libel ultimately confuses potential customers.
- A competitor misrepresents their products or services that actually belong to you. Such passing off ultimately confuses your potential customers.
With that being said, if any of the aforementioned circumstances apply to you, then you may have an unfair competition case on your hands.
What damages can I claim in my case?
To remedy the damages you incurred from unfair competition, you may claim injunctive relief and monetary damages alike. For one, the federal or New Jersey state court may issue an injunction so that the defendant will cease participation in such misconduct.
Secondly, the court may order the defendant to pay for the damages you and your business incurred due to such misconduct. With this, the court may calculate your total monetary damages by considering the following factors:
- The number of violations the negligent party has committed against you.
- The length of time in which the negligent party has participated in such misconduct.
- The type of misconduct in which the negligent party has participated in, along with its seriousness.
- The willfulness of the negligent party to participate in such misconduct.
- The actual harm you experienced due to the negligent party’s misconduct.
- The assets, liabilities, and net worth of the negligent party.
When it comes to your legal action, you need a competent Essex County, New Jersey intellectual property lawyer by your side. This is why you must contact The Ingber Law Firm today.