Salt Lake City False Advertising & Unfair Competition Attorneys
At common law and in modern statutes and court rulings, the law has recognized that there must be some established rules to determine what is fair in business and business practice. Some of the laws are trademark and patent laws, which govern how a mark or device may be used and presented. Larsen & Rico attorneys are well-regarded for their knowledge and experience representing clients in matters involving unfair competition and false advertising claims. We are committed to protecting our clients’ rights with integrity and vigor.
Both unfair competition and false advertising arise from a desire of one business to outperform another. Society has recognized that there must be some limits on how competition may occur and how a business can advertise its products. Much as trademark law protects marks from confusing uses and dilution, the law seeks to effectuate a fair and just solution.
A competitive business environment depends on the ability of businesses to compete fairly. Unfair competition arises when a company markets its products or services in a manner that confuses consumers or promotes a biased competitive advantage over competitors. Unfair competition acts are found across the United States to protect consumers from unfair, unlawful or fraudulent business practices or acts. The unfair acts and practices covered by the law include:
Under the federal Lanham Act, unfair competition further includes “common law” trademark infringement — infringement on an unregistered mark.
False advertising claims are a specific area of unfair competition law that addresses the misrepresentation of a business’s products or services — or the products or services of a competitor — through false or misleading statements. Larsen & Rico represents clients who have been injured by false advertising and companies that are facing the threat of false advertising claims under federal or state law prohibiting statements that are false, misleading, deceptive or untrue with regard to the price, quality or nature of a product or service. Common forms of false advertising include: