Illinois Statute Regarding Unfair Competition


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Understanding state laws regarding unfair competition is essential when living in that specific state, and in Illinois, this could affect what behavior a business engages in when competing with another company. In this state, it is important to safeguard and protect against these practices as proposed by both federal and state regulations.

Unfair competition usually happens through intentional action by the company to confuse clients or customers through the activity that the business practices. These are business torts that an entity may sue for based on how it affects the revenue stream of the affected company. The other section of these circumstances revolves around deception through certain business practices that could encompass an entirely different form of competition through unfair behavior a company may take part in against the other entity. Even when happening in a single state such as Illinois, the affected business may seek legal action against the instigating company.

Deceptive Business Practices

Statutes that involve unfair business often include instances of illegal activity where the company engages in unfair, inappropriate and even deceptive actions through business or commercial behavior against someone or an entity. These situations generally include problems with trademark infringement, false advertisements, baiting and switching tactics in selling, selling or using confidential data, breaches through restrictive covenants, defamation and various issues with products or services. Theft of trade secrets and trading complications are also common. These circumstances often harm the affected entity in severe ways over a prolonged period of time when the company does not fight back through a lawyer.

Misdirection and Misinformation

By redirecting the consumer away from the company, the entity engages in unfair competition in Illinois. This causes a drop in varying degrees to sales by directing the public to the products of another company over the one they purchased through before. This often occurs by producing similar items or items that appear to have the same brand as the original company.

Trademark infringement often connects the new entity to violations of intellectual property protections. When this occurs, the business may have the option to pursue only one issue or both through unfair competition and trademark infringement. The best remedy is to stop the use of the brand and win monetary compensation awards.

Misinformation will often misdirect consumers and clients as well. However, when the company engages in misinformation, this may cause customers to leave a company due to false details. This could include incidents with a soft drink having lead or mercury in it from how the manufacturer creates the drink. Others may involve the entity poisoning the minds of the public by using defamation, or untrue details of practices the company may engage in. They could say that the company considers itself green, but oil pipes in the ocean burst and kill fish and other oceanic life. The less research into these matters, the more the public may believe the lies.

The Illinois Statutes

Unfair competition falls under the Uniform Deceptive Trade Practices Act in Illinois. This prohibits untrue and fraudulent advertising in company sales to businesses and private state citizens. The Act also gives the individual the power to raise action against an entity for damages caused through deceptive practices in trade, sales and unfair competition participation. Intentional or indirect interference in economic matters with a company could lead to a business tort in the courts. When hiring a lawyer to take action, the company or person may need to reference the economic relationships and how they face negative impact from the unfair competition practices of the other entity.

Proving the Case

There are various elements involved in proving that unfair competition takes place in the trade, sale or marketing of products or services. These include the possible contract of business relationships, interference through intentional or unintentional means, a loss of economic gain and damage or injury to the company. This often includes other parties such as clients and customers and business relationships harmed through the unfair competition practices. It is possible that the affected company passes simple damage to complete ruin. At that point, compensation is critical to either return to business or in paying off debts and becoming solvent.

A business lawyer is crucial to seek legal action against the culprit of unfair competition in Illinois. By hiring a lawyer of the state, the company may increase the possible chances of success significantly for claims in the cities of Illinois. Acquiring a remedy to the problem is essential, and through legal representation, there is potential to do so.

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Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer.

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