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 Legal redress for unfair competition

Patents, trademarks, and copyrights are not the only means for a company to protect business information and other forms of intellectual property. Federal, state, and common law provide a number of legal tools and remedies that fall under the general category of unfair competition.

Protections available under law related to unfair competition or unfair trade practices include antitrust; false advertising; computer fraud; employment law covering inventions and violation of non-disclosure and non-compete agreements; laws related to the disclosure of trade secrets; and laws related to the right of publicity.

There are many legal claims that can be made against acts that adversely affect business.

Unfair competition claims can be made against companies that use confusingly similar packaging; make false or misleading advertising comparisons; or interfere with existing or prospective business relationships of other companies.

Our IP attorneys draft agreements and licenses that rigorously protect the intellectual property assets of our clients and discourage unfair competition.

We see the bigger business picture and avoid problems

Because unfair competition and unfair trade practice law is nearly always intertwined with patents, trademarks and copyrights, GBC works with its clients to strategically integrate an awareness of possible future unfair competition issues.

For example, vital to any assertion that specific intellectual property is a trade secret whose misappropriation has led to unfair competition is the ability to prove that reasonable measures were taken to protect the confidentiality of the intellectual property. This is a particular issue for companies and individuals with new ideas or inventions who need to communicate with multiple manufacturers, licensees, or buyers.

Our attorneys aid clients in devising legal agreements and strategies for limited disclosures to these types of third parties that ensure that such communications do not result in the inadvertent loss of trade secret status or the erosion of the strength of an unfair competition claim should the need arise.

We maximize the protection of your intellectual property by providing the basis for strong unfair competition claims should your rights be infringed.

We have successfully litigated on behalf of our clients to resolve matters of unfair competition, and most of all pride ourselves on guiding our clients to documentary and procedural legal solutions that make unfair competition less attractive and therefore less likely.

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