Named Acts of Unfair Competition These are actions specifically defined in the Law, such as: -product imitation, -service imitation, -bribery, -hindering access to the market -unfair advertising.
Definition. 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.
What are the remedies? Remedies for unfair competition in California can include: Recovery of the plaintiff's actual economic damages; and/or. Court orders for injunctive relief or equitable relief to prohibit unfair practices.
The law describes “unfair competition” as any unlawful, unfair, or fraudulent business act or practice, or false, deceptive, or misleading advertising. To pursue lawsuits under California's unfair competition law, a consumer or business must prove suffering and financial or property losses due to an unfair practice.
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.
Penalties for unfair competition may include: Restitution to businesses injured by the action in the form of lost profits or other monetary damages, Punitive damages, designed to punish the defendant, Attorney's fees and costs, and.
Unfair competition: This term is sometimes used specifically to refer to torts that confuse consumers about the source of a product, known as deceptive trade practices. Unfair trade practices: This category includes all other forms of unfair competition not directly related to consumer confusion.
An act or practice is “unfair” if it “causes or is likely to cause substantial injury to consumers which is not reasonably avoidable by consumers themselves and not outweighed by countervailing benefits to consumers or to competition.” 15 U.S.C. Sec. 45(n).