Intellectual Property

The Adler Law Group provides clients in Los Angeles and throughout California with legal representation in unfair competition matters such as unfair competition, theft of trade secrets and related claims involving intellectual property.

Unfair Competition Litigation

The mind of the inventor or creator is like a precision clock, its inner workings and movements mysteriously hidden from view yet producing elaborate results.  Like the bracket clock, however, the inner workings of the business are hidden from the naked eye.  Those who have access to the inner workings of a company - like those who have access to the movement of a bracket clock - may seek to take advantage of their position and thus utilize what they have learned to benefit themselves.  The law of unfair competition, however, protects the owner of intellectual property.

Unfair competition litigation can be extremely complex, involving both the federal Lanham Act, section 43a, and state statutes such as California Business and Professions Code, sections 17200 to 17210.  Under California Law, unfair competition includes any unlawful, unfair, or fraudulent business act or practice and unfair, deceptive, untrue, or misleading advertising.  The federal Lanham act prohibits false designations of origin, false or misleading descriptions, and false or misleading representations involving any word, term, name, symbol, device, or combination of those in connection with goods or services used in commerce.  Examples of unfair competition may include misappropriation of intangible assets, theft of trade secrets, unauthorized substitution of one brand of goods for another, or trademark or trade dress infringement.  Another more exotic issue which we have recently litigated in two different contexts is the claim by one party that another has, as a result of "cybersquatting," engaged in unfair competition by improperly acquiring a domain name.

Trademark Infringement Litigation

Trademarks and trade dress allow consumers to distinguish brands and businesses from one another.  Trademarks and trade dress may include any word, name, symbol, design, colors, or combination of those.  They must be used in commerce and they must be distinctive to be registered and protected under the federal Lanham Act.  Trademark infringement occurs when competing marks are sufficiently similar to cause confusion for consumers.  Thus, the lawyers of the firm have been retained by insurance carriers in disputes over intellectual rights such as the example of the various disputes over internet domain names noted above.

Contact Us

If you are suffering the effects of unfair competition or facing unfounded accusations of unfair competition, seek aggressive legal representation.  We have significant experience in intellectual property litigation and thus, may be able to assist you. Contact the Adler Law Group today to speak with an attorney.