What is Considered a Valid Unfair Competition Case?

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It may be possible that your business’ success relies entirely on its confidential intellectual property. So when that property is compromised, the repercussions can be quite damaging. If you believe a competitor has done something deceptive, unlawful, or otherwise violated your business’ legal protection, then you may have an unfair competition claim on your hands. Find out how an experienced New Jersey unfair competition lawyer at Ingber Law Firm can help evaluate your case and determine your legal options.

What are common examples of unfair competition?

Generally, unfair competition is described as a deceptive or even unlawful business practice. Such practices include stealing trade secrets, trademark infringement, and misrepresentation. Unfair competition has become a greater issue with the advancement of technology in the workplace, as electronically stored information is the most common way in which intellectual property can be stolen.

For a specific example, unfair competition can be seen when an individual or a company uses your trademark or a substantially and deceptively similar trademark to advertise their product to get consumers to believe that they are purchasing your product. Another example is when an employee unfairly competes with their former employee by stealing or utilizing confidential information in their subsequent employment.

What laws does the state of New Jersey have against unfair competition?

In the past, the state of New Jersey has not had a recognized law against fair competition. But over the years, the state courts have enforced the general statement that businesses who engage in unjust conduct to compete with other businesses may be liable in an unfair competition claim.

Nevertheless, the state of New Jersey does have certain laws that are not specified for unfair competition statutes but that generally allow businesses to protect themselves in such claims. Examples of these laws read as follows:

  • Trade Secrets Act: this law prohibits individuals from accessing, misappropriating, and deleting trade secret information.
  • Computer Offenses Act: this law prohibits the knowing and unauthorized altering, damaging, taking, or destruction of any data existing internally or externally to a computer, computer system, or computer network.

If you believe that either of the above laws is relevant to your claim, do not hesitate in consulting with a skilled Essex County, New Jersey intellectual property lawyer today. Preferably, you should contact us before New Jersey’s statute of limitations deadline approaches, which is typically six years from the date of the action that resulted in the harm to your business.


Whether you’re looking to register a copyright or trademark, are facing a dispute, or otherwise require the assistance of an experienced New Jersey intellectual property lawyer, you’re in the right place. Contact Ingber Law Firm today to schedule your initial consultation with our skilled and dedicated legal team.