Unfair competition is a general category of torts recognized by Minnesota courts to protect commercial interests. n Unfair competition can include tortious interference with contract, improper use of trade secrets, and an employee's breach of a duty of loyalty to his or her employer. Unfair competition can also be infringement of a trade name. These torts establish
Minnesota Unfair Competition Attorney | Business Owner Rights
Our business attorneys are experienced in representing businesses in unfair competition and business torts lawsuits. These unfair competition lawsuits often relate to intellectual property, antitrust, copyright, trade secrets, fiduciary duties, trademark, and false advertising law.
Minnesota Unfair Competition
Unfair competition is a loosely defined term that encompasses well-known fields of trademark and trade secret law, but also relates to miscellaneous doctrines with which lawyers and judges often have much less familiarity. These unfair competition doctrines are often the critical factor in prevailing in a business lawsuit.
Unfair competition doctrines include
- the law of false advertising and product disparagement (under common law and the federal Lanham Act, the Federal Trade Commission act, and state “baby FTC” Acts
- tortious interference with contract
- tortious interference with prospective business relations
- the right of publicity and related doctrines
- the law of false endorsement, and
- the ongoing tension between the First Amendment and unfair competition.
To Minnesota attorneys without experience in unfair competition and business torts litigation, these areas can become muddled with more popular doctrines such as trademark law, antitrust law, consumer protection law, and other related legal areas.
Minnesota Unfair Competition Attorney
Our attorneys are experienced in representing businesses in commercial litigation, business lawsuits, and alternative dispute resolution (ADR) forums like mediation and arbitration. He has represented businesses and business owners of companies large and small, including Fortune 500 and Inc 500 as well as many Minnesota small businesses.
When is Trademark and Copyright Use Considered Fair Use?
The notion of fair use is something that every person or party with a trademark or copyright should be aware of. While having a trademark and a copyright exists to provide protection so the person who owns that trademark or copyright can protect it, there are instances where a third party may use the trademark