Boca Raton Unfair Competition Attorney
Dedicated Brand Protection Lawyers Helping Ensure a Level Playing in the South Florida Marketplace
At Perkins Pershes, PLLC, our Boca Raton unfair competition attorneys are committed to making sure South Florida companies can operate in an atmosphere free from unfair competition. If your competitor is engaging in deceptive trade practices, call our office for immediate assistance.
What is Unfair Competition?
Unfair competition covers a wide range of unlawful, unfair, deceptive or fraudulent acts. Included within the scope of unfair competition is trademark and trade dress infringement, false advertising, trade libel, and misappropriation of trade secrets.
The federal trademark law also includes an unfair competition provision, Lanham Act Section 43(a) (15 U.S.C. §1125(a)), which provides for a federal cause of action by anyone who is injured or likely to be injured by another’s use in commerce of any word, term, name, symbol or device, or any false designation of origin or false or misleading description or representation of fact which is likely to cause confusion, mistake or deception, or in commercial advertising or promotion, misrepresents the nature, characteristics, qualities or geographic origin of goods or services.
Florida has a statute known as FDUTPA, F.S. §501.202 “[t]o protect the consuming public and legitimate business enterprises from those who engage in unfair methods of competition, or unconscionable, deceptive, or unfair acts or practices in the conduct of any trade or commerce.”
Another specific Florida laws outlawing unfair competition is:
Patent Troll Prevention Act (Florida Statutes 501.991-501.997). This law is intended to prevent bad faith assertions of patent infringement. It creates a private right of action for actual damages, attorney fees and costs, as well as up to $75,000 in punitive damages for repeat infringers.
Florida Telemarketing Act (Florida Statutes 501.601-501.626). This law regulates unsolicited sales calls and prohibits a variety of unlawful telemarketing tactics, such as making robocalls or misrepresenting a sales call as the award of a prize.
Contact a Florida Unfair Competition Attorney
If you believe a business competitor is engaging in unfair or deceptive trade practices that are harming your company, an experienced Boca Raton unfair competition attorney can be of service. We take steps to immediately stop unfair competition and seek damages as appropriate. Contact Perkins Pershes, PLLC today for immediate assistance with questions of unfair competition in South Florida.
This is not intended to provide legal advice, as each circumstance is fact specific as to how the law applies. Advice from a knowledgeable attorney should be obtained.