How can I legally defend myself against unfair advertising measures by my competitors?
February 25, 2024 | 40,00 EUR | answered by Sandra Bittner
Dear lawyer,
I am Eva Zellmann and I run a small business specializing in handmade jewelry. Lately, I have noticed that my competitors are increasingly using unfair advertising practices to promote their products. For example, they make false claims about the quality of their products or unfairly compare them to mine.
These unfair advertising practices not only harm my reputation but also lead potential customers to possibly choose my competitors' products, even though mine are of higher quality. I am concerned that these unfair practices could harm my business in the long run.
Therefore, I am wondering how I can legally defend myself against these unfair advertising practices of my competitors. Are there specific laws in the field of competition law that can help me? What steps do I need to take to take action against my competitors and how can I ensure that my rights as a business owner are protected?
I would be very grateful if you could provide me with some information and advice on how best to proceed in order to defend myself against these unfair advertising practices.
Thank you in advance for your help.
Yours sincerely,
Eva Zellmann
Dear Mrs. Zellmann,
Thank you for your inquiry regarding the unfair advertising practices of your competitors and how you can legally defend yourself against them. As a lawyer specializing in competition law, I would like to provide you with some information and advice to assist you.
First and foremost, it is important to know that unfair advertising practices constitute a violation of the Unfair Competition Act (UWG). The UWG regulates fair competition between companies and protects consumers from misleading advertising. In your case, false claims about the quality of your competitors' products or unfair comparisons could be considered a form of misleading advertising.
To defend yourself against these unfair advertising practices, you can first send a cease-and-desist letter to your competitors. In the letter, you request that your competitors stop the misleading advertising and provide a legally binding cease-and-desist declaration. If your competitors do not comply with this request, you can take legal action and obtain an injunction or file a lawsuit in court.
Additionally, you can also contact the Competition Bureau or other consumer protection organizations that deal with combating unfair competition. These organizations can assist you in addressing the unfair advertising practices and protecting your rights as a business owner.
It is important that you gather all evidence of the unfair advertising practices to substantiate your claims. This may include screenshots of your competitors' websites or advertising materials, witness statements from customers or employees who have seen the misleading advertising, and any other relevant documents.
I hope that this information and advice will be helpful to you and that you will be able to successfully defend yourself against the unfair advertising practices of your competitors. If you have any further questions or need legal assistance, I am at your disposal.
Sincerely,
Sandra Bittner
