What the label can cover
Unfair competition is a broad term that covers several distinct legal claims. Under federal law, the Lanham Act addresses false advertising and conduct that misleads buyers about the source or sponsorship of goods, even when no registered trademark is involved. New York recognizes a common law unfair competition claim that focuses on bad-faith misappropriation of another business's work, goodwill, or commercial advantage. New York also has consumer protection statutes against deceptive practices, which competitors can sometimes use when the conduct is directed at consumers. Other states differ, and California, for example, has a much broader statute. Related claims for trade secret misappropriation, breach of a non-solicitation agreement, or tortious interference are often brought alongside.
Proof worth keeping
Capture the competitor's advertisements, product listings, packaging, and website content, with dates, because they can change quickly. Save messages from customers or suppliers who were confused about who they were dealing with, since actual confusion is often persuasive. Keep sales data showing when business shifted and to whom. If the issue involves a former employee, preserve that person's company devices and accounts as they are and have counsel arrange a forensic review, but do not log into the person's personal accounts. Collect the agreements the person signed, such as confidentiality and non-solicitation terms.
Before sending a letter or filing
We look at which claim fits the facts, because the choice affects what must be proved and what remedies are available, including whether quick injunctive relief is realistic. A cease-and-desist letter can resolve some matters, but it can also prompt the other side to file first, so its timing and content deserve thought. We consider whether your own marketing or contracts could become an issue once a dispute starts. If you have received such a letter, we review the claims, your documents, and whether a business resolution is possible before positions harden.
