Types of Claims that Arise from Unfair Competition Litigation in Miami FL


Unfair competition law encompasses business trade practices that cause economic harm to consumers and other businesses. Unlike other types of intellectual property claims such as patent or trademark violations, unfair competition litigation in Miami Florida focuses on the harm that the business causes to others outside the business. This area of the law sets out to protect consumers and competitors from deceptive or unethical business actions. Unfair competition litigation in Miami Florida may involve several different types of claims.

Copied or Pirated Intellectual Property

Unfair competition litigation may arise if another entity is copying or pirating another’s intellectual property for its own economic gain. This type of claim may be relied upon when other forms of intellectual property have not been established, such as a patent, copyright or trademark.

Commercial Fraud

Another instance in which an unfair competition claim may arise is when a business is engaging in deceptive conduct that creates a high probability of consumer confusion. False advertising, use of confidential information by previous employees to solicit customers, theft of trade secrets, and bait and switch advertising are a few examples of when such a claim may arise.

Confusion of Goods or Services

Unfair competition may exist when a business represents its goods or services in a way that will likely confuse the average buyer so that he or she mistakes them for goods or services by a competitor. This situation may arise when a former employee is using a similar name for the business that he or she now operates that is similar to the former employer, when a manufacturer is using a similar trade name or when a company uses similar packaging and logos to entice consumers to buy their products. Florida’s common law also recognizes a legal claim for misappropriation of a name.