How does a business or individual engage in unfair competition in Nashville?

Nashville, TN – Not all methods of attempting to gain an advantage in the business world are allowed. There are restrictions on how confidential information can be used, the process to maintain proprietary information such as processes, trademarks, and copyrights, and employees may often have to sign agreements related to disclosures and how they can communicate with competitors. The broad term for many violations of these rules is unfair competition. Here is an overview of how unfair competition tends to happen and the consequences for engaging in such practices. 

How does unfair competition happen?

As a general rule, a business is affected by unfair competition when a competitor or individual engages in some kind of illegal action. Some of the most common forms of unfair competition are related to stealing or illegally disclosing trade practices or confidential information. This is sometimes done by former employees, although it can be done by another business that is in direct competition with the targeted business. 

Courts in Tennessee have stated that the elements of unfair competition include a defendant which acted as if they were providing services by the plaintiff, the defendant acted deceptively towards the public or another business, and that there was genuine confusion or mistaken identity regarding the source of the product or services in question. If there are trade secrets involved, the plaintiff in the case may need to make various showings to prove that the info in question was guarded from the general public, the extent to which the information was secured, and information that helps prove the value of the secret or trademark. 


Remedies for unfair competition

Like other civil tort actions, the person or entity responsible for unfair competition can be sued and made to pay out various damages. Damages for unfair competition involving breach of contract are usually related to the subject matter of the agreement and any foreseeable lost profits or direct losses. A plaintiff in an unfair competition case may also present evidence that helps prove the value of the information that was stolen, along with any direct losses suffered by their business due to the defendant’s acts. These losses will tend to increase as the business is affected more seriously by the acts of unfair competition. 

Additional legal advice about unfair competition

The Law Office of George R. Fusner is a business law practice in Nashville, Tennessee. The firm is available to assist with various business disputes and related matters.

USAttorneys.com is a service that works with people who need to find lawyers in their city. Anyone who is looking for the right attorney can call 800-672-3103 for a referral. 

Firm contact info:

The Law Office of George R. Fusner

7104 Peach Court, Brentwood TN 37027




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