Unfair Competition

Business Tort Litigation
in Silicon Valley and the Bay Area

In the media, businesses and corporations are most often portrayed as ruthless, profit-driven predators who victimize the individual consumer. In reality, the success and profitability of many a business is victimized every day by a host of unfair, fraudulent, false, and misleading practices engaged in by their market competitors, including the theft of intellectual property.

Based in San Jose, California, but serving clients from throughout the surrounding region, Diemer & Wei, LLP, represents and protects the interests of businesses harmed by false advertising, by infringement and theft of intellectual property and by various other forms of unfair competition in the marketplace. To schedule an initial consultation with one of our attorneys, call 408-971-6270 or contact our firm online.

Unfair Competition in Business

California Business and Professions Code Section 17200 prohibits "any unlawful, unfair or fraudulent business act or practice" in addition to false or misleading "advertising." Essentially, this can define almost any act that goes against public policy.

However it occurs, the important fact to recognize is that the unfair practices of a business competitor can destroy everything you have worked so hard to establish in a very short period of time. The question now is: "What can you do about it?"

A lawsuit alleging some type of business tort is one way to hold a competitor liable for deceptive and unfair business practices. Examples of business torts include tortious interference with contract, fraud, breach of fiduciary duty and theft of intellectual property or trade secrets. Other actions may be brought on the basis of:

  • Intellectual property: trade secret, copyright, trade name or trademark infringement
  • Improper and false advertising
  • Misrepresentations or deceptions
  • Violations of non-compete and confidentiality agreements
  • Antitrust violations

An Experienced Legal Team

Each of our lawyers has at least 25 years of courtroom experience and an extensive track record of outstanding results at trial. Working closely with clients and collaboratively with each other, our team stays focused on solutions and thoroughly prepares each case for trial from the start. While many cases do settle before and even during trial, this practice increases the chances that the other side will adopt a more reasonable framework during settlement negotiations.

Our team approach ensures that clients will not have to wait for prompt answers or action to be taken whenever the need arises — something that is especially important where business torts are concerned. Contact Diemer & Wei, LLP.