How can I legally defend myself against unfair competition?
January 23, 2022 | 70,00 EUR | answered by Yvonne Schmidt
Dear lawyer,
My name is Paul Bahr and I run a small business specializing in the distribution of handmade products. Lately, I have noticed that a competitor is using unfair business practices to push me out of the market. For example, he is copying my products and selling them at a significantly lower price. Additionally, he is spreading false information about my company and trying to damage my reputation.
I am very concerned about the future of my business and wonder how I can legally defend myself against these unfair competitive practices. I want to ensure that my company is treated fairly and that I can continue to be successful in the market.
Could you please outline possible legal actions I can take against this competitor? Are there laws protecting against unfair competition that I can apply in this case? How can I prove that my competitor is actually using unfair business practices?
Thank you in advance for your help and guidance.
Sincerely,
Paul Bahr
Dear Mr. Bahr,
Thank you for your message and your trust in my expertise in the field of business law. I am sorry to hear that you are facing unfair business practices from a competitor. It is important that you take action against these practices to protect the future of your company.
In your case, you could take legal action against your competitor to protect yourself from unfair competition. Unfair competition is regulated in Germany under the Act Against Unfair Competition (UWG). The UWG aims to ensure fair competition between companies and prohibits, among other things, misleading advertising, exploitation of reputation, and imitation of products.
To address your competitor's actions, you could start by issuing a warning letter. In the warning letter, you would ask your competitor to cease the unfair practices and provide a cease and desist declaration. If your competitor does not comply with this request, you could consider seeking an injunction or filing a lawsuit in court.
To prove your competitor's unfair business practices, you could gather evidence such as screenshots of their website, copies of advertising materials, or witness statements. It is important that you carefully document all evidence to support your claims in court.
It is advisable to seek legal advice from a specialized attorney in business law. The attorney can analyze your situation, explain your legal options, and support you in enforcing your rights.
I hope this information is helpful to you and wish you success in defending your company against unfair competition.
Best regards,
Yvonne Schmidt, Attorney at Law specializing in Business Law
