“Are they allowed to do that?” Questions and disputes under unfair competition law belong to the daily business of every company.
Companies have to compete for customers in an ever tougher environment with a constant stream of new products and advertising concepts. The fine line between clever idea and unfair competition is often crossed in the process: a competitor may find a witty advertising message misleading or disparaging, or a successful new product may soon find its way into the assortment of a competitor. In virtually no other field of law is case law evolving as fast as in unfair competition law in order to react to ever new concepts and to redefine the line between what is allowed and what is inadmissible. We advise brand owners, commercial enterprises, service companies and advertising agencies in the conceptual phase of campaigns and packaging designs. Thanks to our extensive experience and constant observation of current trends in case law, we are able to identify possible problems early on in the process and anticipate possible attacks from competitors. It goes without saying that we not only point out the risks of an advertising concept, but also present permissible alternatives. Our lawyers also have substantial experience in dealing with trade secrets, counselling clients on and drafting confidentiality agreements and covenants not to compete.
In any unfair competition case, quick action is of utmost importance. We promptly obtain cessation by your competitor by way of a warning letter or temporary injunction or restraining order by the competent court. In principal proceedings we clarify issues of fundamental importance and assert your claims to information and monetary compensation.