In a capitalist economy, individuals and businesses compete with each other. That is the nature of what makes our economy so great – the race to provide a better service or better goods and, as a result, become a profitable company. Unfortunately, sometimes the competition isn’t always fair.

What is unfair competition in business litigation? The term is an umbrella concept for practices that an individual or company participates in that undermine another individual or company’s lawful business interests. For example, many of our readers in Nevada are familiar with the concept of a trademark. A trademark is a recognizable and registered symbol of a business, such as the Starbucks coffee logo or the McDonald’s golden arches. If one company were to use the trademark of another company without permission, it could result in business litigation based upon trademark infringement.

Another form of unfair competition comes from what are known as trade secrets. Trade secrets are concepts that are known only within a certain company and are one of the primary drivers of the company’s business model. Think, for example, of the Kentucky Fried Chicken secret recipe. If a company steals another company’s trade secrets and uses those secrets to attempt to turn a profit, this may lead to unfair competition business litigation.

Companies in Nevada are always focused on profitability, but they shouldn’t forget the concepts that lead them to profitability. If unfair competition issues arise, a company will need to defend its legal rights. If a company finds itself needing to defend against claims of unfair competition or to sue another company for those same claims, they should contact an attorney to assist them.