For some companies, when it comes to the quest for greater profitability and market share, there are no rules. All is notfair in the business world. There are rules — the federal Lanham Act and California’s Unfair Competition Law, for example — that make fraudulent statements, false advertising and other unfair competition illegal.
When one business is harmed because a competitor makes false statements, the first business can take the second to court. Court battles can be expensive, however, especially for small companies and individuals. The Girardi | Keese law firm believes that every business should have access to justice. That is why we offer our business and IP litigation services on contingency — no fee unless we recover for our client.
Company A was bidding to provide a proton therapy product for a Florida hospital. In order to win the contract, a competitor, a Belgian company, made untrue statements about Company A. The Belgian company also asserted that they themselves had FDA approval on their product and they made false cost estimates. The Belgian company’s false statements and unfair competition caused Company A to lose the bid.
Company A came to Girardi | Keese because they wanted to make a claim of unfair competition, but they did not have the large sums of money needed for an effective lawsuit. Our trial attorneys took the case on contingency and obtained a favorable judgment for our client.
They believe, apparently, that no one will challenge them in court. Most small companies cannot afford to take an unfair competitor to court. Hourly legal fees and discovery costs can cost hundreds of thousands, even millions of dollars. At Girardi | Keese, our lawyers fight for justice — and if we feel a case has merit, we will finance the lawsuit.
Contact us to discuss an unfair competition case. We represent clients in California and nationally.