What is unfair competition? Businesses need customers to survive and when the competition becomes unfair, many companies wonder what unfair competition is and what can be done about it? Underhanded business practices occur every day, and smart business owners are always on the lookout for them in order to protect their own businesses. Unfair practices are illegal and could cause financial harm.

Types of Unfair Competition

Unfair competition may take various forms. Some of the most common unfair practices include:

  • Deceptive Marketing
  • Trademark Infringement
  • Defamation
  • Misrepresentation of a Product or Service
  • Misappropriation of Trade Secrets
  • Business Practice Interference

In order to determine whether or not you have a case against the other company, the situation should be evaluated by a qualified business attorney. There are many factors that must be considered when deciding how to proceed with a case of unfair competition.

Maintain Your Competitive Advantage

Those who are committing unfair business practices must be stopped. There are laws in place to protect businesses from these situations. Unfair competition takes money away from your business and hurts your bottom line, your brand, and your investors. Indeed, unfair practices can be detrimental to your business in many ways. Once you have noticed the unfair practices of another company, you need to take action quickly.

Resolving Unfair Practices

There is a need to take immediate and aggressive legal action against any illegal unfair business practices. It is important to note that not all business practices that may seem unfair are actually illegal. For this reason, it is necessary to speak with a qualified business attorney as soon as possible. Your attorney will investigate the claim and review legislation that applies to the specific situation. In some cases, a letter from your attorney requesting the other party to “cease and desist” can be enough to put an end to the unfair practices. However, when the situation is severe or complicated, it may require litigation through a lawsuit.

Protect Your Rights

As a business owner, it is your responsibility to protect your company’s rights and ensure that nothing stops your company from thriving. Unfair competition can cause financial ruin for companies that do not protect their interests. Your business can only be properly protected with help from a skilled business attorney. When the situation warrants, your lawyer will outline the options available to you and whether you should take the matter to court.


This blog should be used for informational purposes only. It does not create an attorney-client relationship with any reader and should not be construed as legal advice. If you need legal advice regarding Unfair Competition, or any other commercial litigation matters, please feel free to contact Joel E. Sannes at 480.461.5307, or log on to udallshumway.com,  or contact an attorney in your area. Udall Shumway PLC is located in Mesa, Arizona and is a full service law firm. We assist Individuals, families, businesses, schools and municipalities in Mesa and the Phoenix/East Valley.