There is nothing wrong with your business having some healthy competition. But when you believe that your competition is getting ahead in the market through deceptive means, then this can pose an issue. Continue reading to learn what is considered unfair competition and how an experienced Essex County, New Jersey intellectual property lawyer at The Ingber Law Firm can help you fight for justice.
What is considered unfair competition in the state of New Jersey?
Put simply, unfair competition occurs when a competitor practices dishonest methods or unfair advantages to get ahead in the market. These dishonest methods and unfair advantages have become far easier to opt for with the advancement of technology in the workplace. This is because intellectual property can now be stolen through electronically stored information, among other methods.
With that being said, most unfair competition cases involve taking advantage of your target customers. Most cases also involve using information that is not meant to be widely available.
What are examples of unfair competition in the state of New Jersey?
Probably the most popular example of unfair competition is when a competitor intentionally creates a logo, or otherwise your trademark, that substantially and deceptively mimics yours. When doing so, they are attempting to make money off of your hard work. This is because your target customers may confuse their copycat logo with your authentic logo, and thus may confuse their product with yours and purchase it. Ultimately, this can damage your reputation if their product does not meet the quality and overall standards of your product.
With that being said, other examples of unfair competition that are commonly seen throughout the state of New Jersey include, but are not limited to, the following:
- A former employee steals or utilizes your business’ confidential information in their subsequent employment with a competing business.
- A current employee steals or utilizes your business’ confidential information and secretly forms a competing business
- Your competitor produces a trade libel, which is the publication of a false statement of fact that is an intentional disparagement of the quality of your products or services.
- Your competitor practices false product representation to make their product appear as yours to your target customers.
- Your competitor practices false advertising to make their product appear as yours to your target customers.
What should I do if I have unfair competition?
If you believe that you are up against unfair competition, based on any of the above examples, then you must seek legal guidance as soon as possible. Notably, a skilled Essex County, New Jersey intellectual property lawyer is ready and able to analyze your situation and determine your legal options.
As a reminder, you have approximately six years from the date of your unfair competition incident to file an intellectual property claim. So give us a call today.
