As part of our Intellectual Property Litigation practice, we provide unfair competition litigation services.

Our IP litigation attorneys represent plaintiffs and defendants involved in unfair competition litigation. We handle all types of unfair competition disputes in federal and state courts in Texas as well as nationwide.

What is Unfair Competition?

As part of our litigation practice, we represent plaintiffs as well as defendants in unfair competition litigation in state and federal courts. Unfair competition seeks to prevent one party from obtaining an unfair advantage over another party. For example, unfair competition includes trademark infringement, passing off unauthentic goods, and trade secret misappropriation. Any business with employees or confidential information has potential issues related to claims of unfair competition. Taking the necessary precautions from the beginning can help avoid litigation as a company grows, as well as make litigation more efficient and less expensive.

Unfair Competition Litigation

Companies should address unfair competition issues as soon as possible to minimize harm, especially if unfair competition litigation is imminent. Litigation is often necessary in circumstances when core business strategies and trade secrets are at risk of public exposure.

If a former employee leaves to work for a competitor and violates employment agreements or takes confidential information, quick action by an attorney may be able to prevent destructive impact on the business. The remedies for unfair competition can vary depending on the facts of the case, including actual and exemplary damages, as well as injunctive relief.

Unfair competition litigation cases can be complex as well as very costly. The better a business product or service becomes, the greater the chance for a competitor to try to take advantage. Consulting a business litigation attorney with experience in unfair competition law for advice on company best practices, avoiding unfair business practices, and implementing an unfair competition vigilance program can help prevent unfair competition litigation and minimize cost should a lawsuit become necessary.

Unfair Competition Protection

Companies should consider taking proactive steps to help prevent unfair competition litigation. Companies can be exposed to risk any time confidential information is shared with employees or third parties. Keeping a proactive approach to protecting valuable business information is important. Such measures include:

  • Non-disclosure agreements

  • Non-solicitation agreements

  • Employee confidentiality agreements

  • Non-compete agreements

  • Third party confidentiality agreements

Unfair Competition Law

Unfair competition law is sometimes referred to as an umbrella of wrongs that can be committed, and it is not limited to ex-employees competing unfairly. Other acts that fall within unfair competition law include commercial espionage, passing off or palming off goods or services representing that they were sourced by another, as well as other forms of commercial or business deceit.

Local Counsel for Unfair Competition Litigation Matters

We also act as local counsel for out-of-state plaintiffs and defendants involved in unfair competition litigation in state and federal courts in Texas. See our Local Counsel page for more information regarding our services.

Additional Insights Regarding Unfair Competition Litigation

For more information on unfair competition litigation legal issues, see our Legal Insights and Industry Solutions pages.