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The Law behind Unfair Competition in Business |
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Unfair competition practices in business indeed create negative effects to the California corporate community especially to those companies that are directly affected. At certain point, these illicit performances of some individuals and companies may prevent another company... |
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| Author: Rainier Policarpio |
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The Unfair Competition Law seeks to prevent business closures and bankruptcies and protect businesses from various acts like:
• Business fraud
• Product misrepresentation
• Tortuous meddling
• Unpaid debt
• Misappropriation of intellectual properties
• Trade secret theft
• Trademark law violation
• False advertising
The statutes prohibiting such actions have been the cause of numerous civil actions filed by plaintiffs and public prosecutors. These have threatened those unruly parties from being engaged in such law infringements. However, many companies found the penalties not enough to give them justice completely. Only then, in 1977, was the California Unfair Competition Law has been stretched out to cover compensatory damages provided for the affected parties.
For example, if a company has been proven utilizing another company’s trade logo in selling their products, they will have to pay the affected business with such amount of compensation depending on the possible losses sustained. Another case is if an employee has been forced by his present company to divulge his former company’s trade secrets, it may also initiate the filing of legal action.
Usually, the infringed parties send cease requests to the law violators before filing a formal court complaint. This document contains the plaintiff’s demand for the defendant to stop their wrongful business practices. If in case the infringing party ignored such call, the plaintiff may then result in bringing a lawsuit in court to recover suitable damages and compel the defendant to discontinue their illegal practices.
Yet, even though the Unfair Competition Law offers great benefits and remedies for victimized companies, some of them are still having difficulties in pursuing their cases. These scenarios particularly happen if the plaintiffs refuse to appoint a business attorney to handle their cases. Because of this, many of them have lost their cases and their opportunity to recover appropriate damages.
Legal matters and problems necessitate the aid of a legal professional who expertly understand the laws and procedures applicable for a certain legal action. Thus, in pursuing an unfair business competition lawsuit, companies should definitely consult a legal counsel to ensure a favorable court decision.
About Author
For more information about unfair competition laws, visit http://www.mesrianilaw.com/Unfair-Competition.html
Article Source:
http://www.1888articles.com/author-rainier-policarpio-4745.html
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