Unfair Competition includes several areas of the law meant to protect against unfair business practices, including tortious interference or other unjust acts aimed at damaging the plaintiff’s market standing or operations.

For instance, trademark infringement, misappropriation of trade secrets, fraud, false advertising and other business torts may be considered forms of unfair competition.

Texas Deceptive Trade Practices Act, Common Law and Federal laws are often the legal basis to bring action. When a federally registered trademark is at issue, the plaintiff may claim violations of § 43(a) of the Lanham Act, 15 U.S.C. § 1125(a) and argue that the wrongful activity constitutes unfair competition and false designation of origin among other things.

Plaintiffs often seek an injunction to immediately stop unfair competition while litigation proceeds. Plaintiffs may be able to recover damages and if eligible, attorney’s fees and costs if the matter results in a judgment after trial or as a result of a successful summary judgment motion.