How can I defend myself against unfair competition from a competitor?
October 13, 2022 | 40,00 EUR | answered by Sophia Breitwieser
Dear Sir or Madam,
I am reaching out to you as I urgently need advice and assistance to defend myself against unfair competition from a competitor. My name is Emma Peters and I am the owner of a small online shop specializing in handmade decorative items. For some time now, I have noticed that a competitor in the same industry is copying our products and offering them at a significantly lower price. This has led to a significant decrease in my sales and I am seriously concerned about the future of my business.
I have already tried to address the competitor directly and point out their unfair practices, but to no avail. Even a legal warning from my lawyer had no effect. Now I am faced with the question of how I can effectively defend myself against this form of competition. Are there any legal options to take action against the competitor and protect my intellectual property? What steps can I take to stop the unfair competition and make claims for damages?
I am willing to pursue all legal avenues to protect my company and products. Please help me develop the best possible strategy to combat unfair competition and defend my business interests. Thank you in advance for your support.
Sincerely,
Emma Peters
Dear Mrs. Peters,
I understand your concerns and frustration about the unfair competition you are facing. It is important that you take a stand against these practices to protect your company and products. As a lawyer specializing in competition law, I am here to offer you advice and assistance.
First and foremost, it is important to determine whether there is indeed a violation of competition law. Unfair competition may occur, for example, if a competitor copies your products and offers them at a significantly lower price to attract customers. In this case, there may be a violation of the Unfair Competition Act.
To effectively address unfair competition, various legal steps can be taken. One option would be to obtain a temporary injunction against the competitor to prevent them from continuing to copy your products or offer them at a lower price. Additionally, you could claim damages to compensate for the financial loss you have suffered as a result of unfair competition.
It is also advisable to send a legal warning letter, in which you once again ask the competitor to cease their behavior and to pay damages. If the competitor continues to violate competition law, further legal steps, such as filing a lawsuit in court, may be necessary.
It is important that you gather and document all evidence that proves the violation of competition law. The more solid information you can provide, the better your chances of successfully taking action against the competitor.
I recommend that you promptly seek advice from a specialized lawyer in competition law to develop a tailored strategy and effectively protect your intellectual property. Together, we can take the best legal steps to compel your competitor to comply with legal requirements.
I am available to answer any further questions and look forward to assisting you in this matter.
Sincerely,
Sophia Breitwieser
Lawyer specializing in competition law
