Are Your Competitors Slandering You? It Could Be Unfair Competition!
Does the term unfair competition ring a bell? As a business owner, you may have fallen victim to it. Common examples include cases where competitors spread false information about your business or copy copyrighted articles from your website. In this article, we will explain what unfair competition means, what steps you can take, and what claims you can assert. We’ll show you which claims we can pursue on your behalf and how we can secure adequate compensation.
What Is Unfair Competition?
Unfair competition refers to conduct that violates good morals in economic competition and threatens or infringes upon the rights of another business owner or disrupts customer behavior. The most common forms of unfair competition include:
- Spreading misleading information
- Creating confusion (e.g., copying a brand)
- Misleading or comparative advertising (e.g., providing false information or tarnishing a competitor’s reputation in advertisements)
- Theft of content or know-how
Real-Life Example: Slander About Business Closure
Imagine running a successful café. Your competitor starts spreading false claims that you are closing down due to financial troubles. Customers begin to doubt your stability and stop visiting your establishment. Your revenue drops, and your good reputation suddenly suffers. This case clearly falls under the concept of unfair competition.
Unfair Competition and How to Defend Against It
The Civil Code provides extensive defense options for those harmed by unfair competition. If someone has threatened or infringed upon your rights, we will ensure that you receive all the compensation the law allows us to demand. You can assert the following claims against your competitor:
1. Cease-and-Desist Claim
The cease-and-desist claim allows you to demand an immediate halt to illegal actions. In cases of slander, you can request that the competitor stop spreading false information about your business.
How We Proceed: Our law firm will send the perpetrator a pre-litigation notice demanding they cease spreading slander, along with other claims described below. If they fail to respond, we will file a lawsuit requesting a preliminary injunction from the court. The court can decide very quickly and order an immediate cessation of the harmful conduct.
2. Remedy of Defective Condition
This claim allows you to demand the removal of consequences caused by unfair competition. In cases of slander, for example, you can request that false information be removed from the internet and all other accessible platforms.
How We Proceed: If the competitor has published a false article about your business, we will secure a court decision ordering its removal from websites or social media platforms.
3. Reasonable Compensation
Reasonable compensation includes moral restitution for harm caused—such as an apology or other actions to restore your reputation.
How We Proceed: In cases of reputational damage, we will ensure a public apology from the perpetrator via media or social networks. If the competitor has a website, we will demand that the apology be prominently displayed on their homepage. The apology must be sufficiently visible and clearly state that the false information they unlawfully spread about you was untrue.
4. Damages
If you have suffered financial harm due to unfair competition (e.g., revenue loss caused by slander), you have the right to claim compensation for damages.
How We Proceed: We collaborate with experts in economic analysis and accountants—using their assistance, we calculate the exact amount of damage caused by slander. We will file a lawsuit seeking compensation for these damages and ensure that your competitor fully reimburses you.
5. Release of Unjust Enrichment
If the competitor gained unlawful profits through unfair practices (e.g., attracting customers through false information), you have the right to demand the release of these profits.
How We Proceed: We will gather evidence showing that the competitor gained profit due to harming your business (e.g., increased revenue due to your customers switching). In our lawsuit, we will assert a claim for unjust enrichment and ensure full reimbursement.
Slander as a Criminal Offense
Slander is not only an unfair competitive practice but may also constitute a criminal offense under the Criminal Code. If someone knowingly spreads false information about your business with the intent to harm your reputation, we will file a criminal complaint directly with the public prosecutor’s office, which will then take further necessary steps and instruct law enforcement authorities to act.
How Do We Defend Against Slander?
- Gathering Evidence:
We collect all evidence related to slander—such as screenshots from websites, customer testimonies, or social media communications. - Contacting the Perpetrator:
We send a pre-litigation notice demanding an immediate halt to spreading false information and assert all other claims arising from unfair competition as described above. - Filing Criminal Complaints:
If the perpetrator refuses to cooperate, we file a criminal complaint with law enforcement authorities.
We’ll Help Protect Your Rights!
Do you feel that your competitor has harmed you through unfair competition? Whether it involves slander, content theft, or other unethical practices, our law firm will help you achieve justice and compensation for damages caused. With extensive experience in asserting claims related to unfair competition, we are professionals in this legal field—you can rely on us!
Author: Mgr. Petr Uklein, Lead Attorney at ModerniPravnik.cz Law Firm, and Jonáš Melecký, Legal Assistant
Contact Us Today! We’ll Protect You Against Unfair Competition
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