Unfair Competition With Examples In Tarrant
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FAQ
Unfair competition is conduct by a market participant which gains or seeks to gain an advantage over its rivals through misleading, deceptive, dishonest, fraudulent, coercive or unconscionable conduct in trade or commerce.
Texas generally recognizes the following types of business torts under the umbrella of unfair competition: passing off, misappropriation of trade secrets, and common law misappropriation.
Unfair competition can also arise when a company misappropriates trade secrets or other proprietary information from a competitor. For example, if a company's former employee uses knowledge and information that he gained during his employment to compete with his former employer, that can qualify as unfair competition.
For example: trademark infringement and misappropriation (which often invokes the Right of Publicity). It is helpful to think of examples of unfair competition rather than attempt to define the term in the abstract. Other practices that fall into the area of unfair competition include: false advertising.
The Texas Deceptive Trade Practices Act (DTPA) safeguards consumers from deceptive business practices, offering a legal remedy for fraud, misrepresentation, and unfair dealings in goods and services.
"Unfair competition" includes several causes of action including: 1) passing off or palming off; 2) trade secret misappropriation, and 3) common law misappropriation. Id.; Conceal City, L.L.C. v. Looper Law Enforcement, LLC, 917 F.
Private Right of Action Under Section 17200 of the UCL The California Unfair Competition Law (UCL) allows both private parties and public prosecutors to take legal action against companies that commit fraudulent business acts.
Common Examples of Unfair Competition False advertising. “ Bait and switch ” selling tactics. Unauthorized substitution of one brand of goods for another. Use of confidential information by former employee to solicit customers.
This type of conduct is more commonly known as “palming off” or “passing off.” Texas unfair competition has evolved into a much broader claim that covers several business torts, including trademark infringement, common-law misappropriation, misappropriation of confidential information or trade secrets, interference ...
