Unfair Competition:

The elements of unfair competition are set forth in Section 43[a] of the Lanham Act. The law of unfair competition is primarily comprised of torts that cause an economic injury to a business through a deception or wrongful business practice. It is formally defined in Nolo’s Plain-English Law Dictionary as follows: Any commerce behavior or activity that is legally unjust or deceptive.

Deception

Unfair and deceptive practices are just what they sound like. They take place when someone in the position of seller acts unfairly to or deceives a buyer. The Federal Trade Commission via the FTC Deceptive Practices Act governs all of the tools of marketing. Engaging in deceptive practices is considered just one form of unfair competition. I can help you understand your rights in respect to the following forms of deception:

Deceptive Pricing

Pricing is the charge placed on a product or service offered to customers. I have expert knowledge on this topic and can dissect the elements of deceptive pricing as few others can.

False Advertising

Any advertising which is misleading in any material respect is considered to be false advertising. I have extensive experience working with advertisers and their agencies, as well as conducting research on related strategies. Moreover, I have worked on several cases where false advertising was the primary legal complaint.

Deceptive Selling Practices

Another area of legal concern that involves the company’s sales force is product liability. Salespeople can create product liability for a company in three ways: express warranty, misrepresentation, and negligence. I have worked with both plaintiffs and defendants to discern whether the actions of sales people have misrepresented their company and/or deceived existing or potential customers. This area of law is complex because of the many marketing elements that are represented by the sales force.

 

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