What Should I Do If My Business Is Subjected to Unfair Competition?

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It is not rare for a business to primarily rely on its confidential intellectual property to build its success. So, if you find yourself in a situation where your business’s intellectual property becomes compromised, you must do everything in your power to fight back. Continue reading to learn how to fight against the unfair competition of your business and how an experienced New Jersey unfair competition lawyer of The Ingber Law Firm can assist you in escaping this disastrous situation.

What are ways in which my business can be subject to unfair competition?

Unfair competition is a relatively broad term used to describe a wide array of deceptive and/or unlawful business practices. Such “deceptive” and “unlawful” business practices have become a far more common issue with the advancement of technology in the workplace, as it is now easier to steal intellectual property via electronically stored information. Besides this, below are other common ways in which your business can be subject to unfair competition:

  • An individual or a company uses your trademark, or a substantially and deceptively similar trademark, to advertise their product and to get consumers to believe that they are purchasing your product.
  • A former employee unfairly competes with your business by stealing or utilizing confidential information in their subsequent employment.
  • A current employee unfairly competes with your business by secretly forming a competing business.

What action should I take if my business is subject to unfair competition?

Up until recently, the state of New Jersey has not had a recognized unfair competition law. Recently, however, the state courts have enforced the general statement that businesses who engage in deceptive and unlawful business practices to compete with another business may be held liable in an unfair competition claim. So, when bringing forward your unfair competition claim, you can likely argue that your former or current employee breachd their fiduciary duty of loyalty.

What is the statute of limitations in the state of New Jersey?

When it comes to intellectual property litigation, the statute of limitations is generally six years from the date of the action that resulted in the harm of your business. Failure to bring your unfair competition claim forward by this deadline will restrict you from holding the negligent party liable.

Nevertheless, if you believe that you have a valid case on your hands, do not hesitate in contacting a skilled Essex County, New Jersey intellectual property lawyer today.


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.