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Unfair Competition

“Unfair competition” claims under New York’s common law can be a powerful weapon in the hands of an experienced commercial litigator.  Claims of unfair competition can take many forms, and provide an expansive reach to combat a competitor’s business practices which are causing your business economic injury.

The critical element required to succeed on a non-statutory, common law claim of unfair competition is the ability to establish that the defendant’s conduct evinces some element of bad faith in misappropriating the plaintiff’s labor, skill, expenditures, proprietary information, or trade secrets.  Claims of unfair competition can be predicated upon allegations that the defendant misappropriated a commercial advantage belonging to the plaintiff by the exploitation of proprietary information or trade secrets, or upon claims of trademark infringement or dilution.  Commonly, this will take the form of false advertising, wrongful use of confidential business information (such as trade secrets or customer lists) and trade libel.  Remedies can include injunctive relief, economic damages and disgorgement of the defendant’s profits.

Our team of skilled and seasoned commercial litigators can help your business fight back against a competitor’s unfair competition.  Our business litigation team has recovered millions of dollars in commercial and corporate litigations fought between competitors, and will help you protect the business you’ve worked hard to succeed.

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