Unfair Trade Practice in Texas
Texas state law prohibits unfair competition. Our litigation lawyers understand the serious financial consequences associated with unfair competition practices. We also understand how the substantial time, talent and energy you dedicated to your business could be jeopardized practically overnight.
At the law firm of Gagnon, Peacock & Vereeke, P.C., our attorneys can help you protect your company and your rights. To discuss your case in a free consultation, call us at (214) 824-1414 (toll free at 888-312-1750) or send us an e-mail.
Why You Need a Lawyer
Hiring an attorney for these types of cases is a wise choice to ensure that the growth and success of a business remain safe and protected. They can guide you through the legal process and answer any questions you have about your case. While making sure you’re your rights are protected, they can clearly communicate your claim to the appropriate parties and assert your right to compensation. In addition, attorneys who are experienced with unfair competition cases know the nuances that come with the different claims associated with this often complex legal area. Common ways that unfair competition claims arise are through the Lanham Act or misappropriation of trade secrets, but some cases call for lesser-known tactics that present different claims. An attorney has the legal expertise to decide which claim would be the most effective for your unfair competition case.
Why Choose Us
The law firm of Gagnon, Peacock & Vereeke, P.C. has come to be known throughout the Dallas-Fort Worth metroplex for its ability to provide bold, effective litigation that is made possible by our team of experienced attorneys. There are multiple reasons why our firm is the best choice to handle your business’s unfair competition claim. We seek to protect both your rights as well as your business interests and hold them both as our first priority. As we work diligently on building a strong case on your behalf, we always make sure to communicate with you consistently. We will keep you updated on the progress of your case while providing honest information on its chance of a successful outcome. With this transparent and steady communication, you are able to make informed decisions on how you would like to proceed every step of the way.
Unfair Competition Laws
Texas law provides protection from actions arising out of business conduct which is contrary to honest practices in the industry. Additionally, federal law provides protection against the confusion caused by a person or business entity concerning the source of origin of a product or service. Unfair competition can be as simple as a person or entity passing off his goods as those of another, by virtue leading to confusion by the customer.
However, just as common if not more so is the instance of “reverse passing off”. In this case, a company passes off another company’s product as their own. In these types of cases, it is not necessarily important whether there was the intention on the defendant’s part to deceive consumers. Rather, there simply needs to be a provable case of consumers confusing one company’s brand or goods for those of another’s. “Passing off” is one of the most recognizable instances of unfair competition, but it is certainly not the only thing that can fall under this umbrella.
Another activity that falls under the umbrella of unfair competition is common law misappropriation, in which an individual or company improperly uses a publicly available product. An example of common law misappropriation is of the defendant purchasing a product and then developing a similar product in direct competition with the product of the plaintiff.
Since court cases dealing with this legal matter can be lengthy, temporary restraining orders are offered by judges in some cases before trial to prevent any sort of harmful activity to your business in the short term while your case is being resolved. As long as proper evidence is provided, including that your business may be irreparably harmed by the defendant’s actions and your business’s situation warrants legal reparations to be provided, temporary restraining orders can be given. They can certainly be valuable in protecting your business while your case is moving towards your goal of fair compensation.
Our litigation attorneys possess decades of courtroom and trial experience. We will stand by you and protect your rights at every stage of your case. We provide diligent representation for plaintiffs and defendants. Our extensive experience enables us to tailor our representation to your unique situation.
Extensive Litigation Representation
Gagnon, Peacock & Vereeke, P.C., provides comprehensive intellectual property litigation representation in unfair competition disputes. We will aggressively advocate for the protection of your trademark or trade secrets. Additionally, our lawyers provide an effective defense for clients sued for unfair competition, trademark infringement or misappropriation of trade secrets.
Our representation includes claims such as:
- Palming off products/services
- Counterfeiting products
- Misappropriation of trade secrets
- False designation of origin
Intellectual property infringement cases are the most commonly litigated offenses in the realm of unfair competition, and these include cases of trademark infringement. There are various factors that the court considers in judging if it is probable that consumers would be confused about a particular brand or item. Primarily, the things that are examined to determine if there is trademark infringement are the similarity between two brands or goods and if this similarity could arouse confusion in consumers who interact with them.
However, other factors are considered that include how and where the goods or services of the two parties are sold, if there is any actual evidence present of confusion on the part of consumers, if there was actually any malicious intent by the defendant in using the trademark, as well as the style and distinctiveness of the plaintiff’s trademark. The approach that is taken in determining the probability of confusion in customers varies from case to case, and how the assessment of the plaintiff’s claim affects the outcome of the lawsuit differs as well.
Depending on the situation, the court can actually seize or destroy the items causing confusion. In addition to cases concerned with trademark confusion, a plaintiff may make a claim of the “dilution” of their trademark. “Dilution” in this case is defined by the plaintiff’s trademark being made less recognizable or distinctive, or given a reputation or connotation that was not intended, by the defendant’s misuse of the trademark. Both types of trademark infringement constitute unfair competition. If you suffered the consequences of unfair competition, you may be entitled to monetary relief, statutory damages, injunctive relief, and attorneys fees.
Our law firm handles every step involved in obtaining, enforcing and defending against injunctions. We understand how counterfeit products and trade secrets misappropriation can damage the value of your goods. We have extensive experience representing clients in court.
Free Consultation With a Lawyer — Convenient Location
Gagnon, Peacock & Vereeke, P.C., stands ready to put its knowledge and experience in unfair competition law to work for you. For a free initial consultation, call us at (214) 824-1414 (toll free at 888-312-1750) or send us an e-mail.
Our offices are located in Dallas just off the North Central Expressway. Free parking is available.