Unfair Competition Claims When the result means everything, turn to Lyons & Simmons, LLP
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Unfair Competition Claims

Handling State & Federal Unfair Competition Claims

Unfair competition refers primarily to dishonest or deceptive practices that cause economic injury to businesses. The doctrine of “unfair competition” has been recognized by Texas courts as an umbrella category for statutory and non-statutory claims arising out of business conduct contrary to honest practices in commercial and industrial matters.

Examples of unfair competition claims include:

  • False advertisement
  • Passing off” or “palming off” (falsely representing goods/services as another's)
  • Misappropriation of trade secrets and theft of trade secrets
  • Trademark infringement
  • Common law misappropriation
  • Breach of restrictive covenant
  • Unauthorized substitution of goods by one brand, for another
  • Trade slander or libel aimed at ruining a company's reputation
  • Bait and switch substitution tactics, such as switching to higher cost product after luring them with a lower cost product

Given that unfair competition claims all involve trade secrets, these claims are oftentimes preempted by federal law under the Lanham Act for trademark or service mark infringement.

Knowledgeable Counsel from Proven Advocates

Our attorneys are familiar with how to handle these claims in both state and federal courts, as they are armed with extensive knowledge and experience necessary to navigate the nuances as they apply to the facts of a particular client’s situation. Though many unfair competition claims tend to arise under the Lanham Act or via misappropriation of trade secrets, some cases may call for strategies which utilize lesser-known unfair competition claims and defenses.

Advice for Complex UCC Cases

Lyons & Simmons, LLP handles these cases at any point, from advising companies about unfair competition laws, to seeking or defending emergency injunctions, to litigation and trial.

The following is a brief list of some of the types of unfair competition claims we can assist with:

  • Theft of trade secrets
  • Trademark infringement claims
  • Violations of noncompetition and non-solicitation agreements
  • Tortious interference with business relationships
  • Unfair licensing and distribution practices
  • Spreading false information about a competitor's products
  • Predatory pricing
  • Unconscionable contracts
  • Deceptive marketing practices
  • Business fraud
  • Antitrust violations

Resolving UCC Cases in Texas & Nationwide

The seasoned business litigation lawyers at Lyons & Simmons, LLP have handled a broad range of business-related disputes over the years, including UCC matters. We know how complex these cases can be, which is why we employ thorough investigative strategies, detailed counsel, and strategic representation every step of the way. We understand how to handle cases involving unfair competition claims for clients at both the state and federal level. Whether involving trade secrets or other issues, our lawyers stand ready to utilize effective strategies for your case.

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