False Advertising and Unfair Competition

What is Unfair Competition? Unfair competition claims encompass a broad range of activities in which a business competitor unfairly and illegally harms a competing business. Unfair competition most often involves:

  • false advertising and promotion;
  • misleading or deceptive trade practices;
  • trademark infringement and trade dress violations;
  • antitrust violations;
  • violation of non-competition and non-solicitation agreements;
  • misappropriation of trade secrets or confidential business information;
  • copyright infringement; and/or
  • other business practices classified as unfair competition.

What is false advertising? False or misleading advertising is when a business makes a statement in advertising that is either untrue or is likely to deceive the consumer as to the source of origin, quality, or endorsement of the product.

What is a trade dress violation? A trade dress violation typically involves one company closely copying the appearance and/or packaging of a competitor's product, so that the consumer has difficulty telling the difference between the products of the two competitors. Trade dress violations may include copying a distinctive interior design or look and feel of a place of business, such as a restaurant.

Are there other claims I can bring against competitors who compete unfairly? Yes, related claims may include tortious interference with a contract, where a person or a company convinces or induces another party to breach a contract with a third party; trade defamation (libel or slander) where someone spreads false information about the competitor’s services or products; stealing trade secrets or company's proprietary information; stealing key employees; and stealing customer lists.

If you believe your business is the victim of unfair competition, it important that you consult with a qualified and experienced attorney to protect your interests. Leo Mikityanskiy has successfully defended clients against claims of unfair competition.

If you suspect that you are the victim of competitor who is engaging in unfair competition, please contact attorney Leo Mikityanskiy at 718-256-3210.