What legal steps can I take against unfair competition?
March 6, 2023 | 35,00 EUR | answered by Georg Sauer
Dear lawyer,
I am reaching out to you because I have recently been increasingly confronted with unfair competition and I do not know what legal steps I can take against it.
The situation is as follows: I run a small business specializing in the production and sale of handmade products. However, in recent months, I have noticed that a competitor is copying my products and offering them at a significantly lower price. As a result, I am losing customers and revenue, as they prefer to buy the cheaper product.
I am concerned that this unfair competition is endangering my existence and I am wondering what legal steps I can take against it. Can I sue the competitor for trademark or copyright infringement? Or are there other legal options to address this unfair competition?
I thank you in advance for your support and expert advice.
Best regards,
Hans Neumann
Dear Mr. Neumann,
Thank you for your inquiry regarding the unfair competition you are facing. It is understandable that you are concerned and considering legal action against your competitor. In fact, there are various legal options to address unfair competition.
First and foremost, it is important to determine whether your competitor is actually copying your products and potentially violating trademark or copyright rights. If you have such protective rights, such as registered trademarks or copyrights, you can take legal action against the competitor. In such a case, you could file an injunction or claim damages against the competitor.
Furthermore, there is also the option to take action against the competitor for unfair competition. Unfair competition occurs when the competitor engages in misleading advertising, deliberately poaches customers, or deliberately imitates your products to create confusion. In such a case, you could issue a competition law warning or file a lawsuit for unfair competition.
It is advisable to consult a specialized attorney in competition law in such a situation, who can provide comprehensive advice and support in enforcing your rights. An attorney can help you assess the chances of success of legal action and develop the best strategy for your case.
I hope that my explanations have been helpful to you and I am available for further questions or a personal consultation.
Best regards,
Georg Sauer, Attorney specializing in competition law
