California Lawyers > Corporate Business Lawyer > Unfair Competition Corporate Business Claims Lawyer > Unfair Competition Compensation Claim |
Unfair Competition Compensation Claim |
|
Unfair competition is any
fraudulent, unlawful or unfair business practice or act. It is any act
of competition contrary to honest practices in industrial or commercial
matters. Any interested party may make an unfair competition
compensation claim for damages suffered as a result of unfair
competition.
Many unfair competition compensation claim and
business practice laws are considered very plaintiff friendly in that
just about any business action can be considered unfair competition and
practice. Under the framework of the rule of reason analysis, the
motives of the suspected wrongdoer and the effectiveness of their
conduct are weighed against the importance of the harm to the alleged
victim.
You often see unfair competition compensation claims
brought by competing businesses, where one business claims that its
customers or employees have been unfairly or unlawfully solicited by
their competitor. Under the California Unfair competition Act, a
plaintiff can sue a business for any unfair, unlawful or fraudulent
business act or practice.
As a victim of unfair competition and business
practices, you can sue the company directly, make an unfair competition
compensation claim and get them to cease performing the unfair business
practices; pay substantial government fines and penalties; pay monetary
damages for their false or slanderous representations and refund any
revenue resulting from the alleged unfair business practice.
When a person whose business interests have been
infringed by an act of unfair competition, when he make an unfair
competition compensation claim for damages, the profits gained by the
infringer through such act of infringement shall be presumed to be the
amount of damages suffered by the person whose business interests were
infringed. If you have an existing product or service that you find has
been copied or pirated, you can make an unfair competition compensation
claim and unfair competition laws may help in obtaining relief in the
event that other intellectual property protection is not available such
as patents, trademarks, and copyrights. Where a judge finds that a
business has engaged in unfair competition, he or she can issue an
injunction prohibiting them from further activity and order them to pay
monetary compensation to the injured party.
Unfair competition compensation claim cases usually
involve protection of proprietary knowledge and information, which may
be anything from information on where to drill for natural gas to a
manufacturing process. Such unfair competition compensation claim cases
can involve either injunctive relief to prevent future disclosure of
information or recovery of damages to compensate the owner of the
information for loss or use of the information.
|
|