Unfair Competition & Defamation Attorney in Stuart, Florida

Unfair competition covers a broad range of illicit business behaviors that involve bad faith and is a creature of both federal and state law.  Among the improper activities that can be actionable are the following. 

In the case of pawning off or counterfeit products, an action for false designation of origin may be brought by any person who believes that he or she is or is likely to be damaged by such act. 

An action for tortious interference may lie where a party intentionally interferes with a business relationship or procures a breach of a contract, resulting in loss to the plaintiff.  The use of threats, intimidation, or conspiratorial conduct, or the absence of any legitimate competitive interest, may factor in the analysis. 

Where a website domain has been used in bad faith, a plaintiff may have a case under the Anti-Cybersquatting Consumer Protection Act (15 U.S.C.S. § 1125(d)). 

A claim of false advertising may potentially be brought against one whose ads are false or misleading, and which ads consequently caused loss to the plaintiff.  

State causes of action may be available under the Florida Deceptive and Unfair Trade Practices Act (Fla. Stat. § 501.201- 207).   

A claim for fraud may be brought where the defendant has knowingly made a false representation concerning a material fact with the intention to induce the plaintiff to rely upon the representation, and in reliance on that representation, the plaintiff has incurred damages. 

To establish a cause of action for defamation in Florida, a plaintiff must show the publication of a defamatory statement that is false, was knowingly or recklessly made, and which caused the plaintiff actual damages.