A cause of action for unfair competition may be brought by a plaintiff under Florida common law. To bring a cause of action for unfair competition a plaintiff must establish the following elements: deceptive or fraudulent conduct of a competitor; and a likelihood of consumer confusion. Additionally, the elements have also been identified as:

• Time, labor, and money expended by the plaintiff;
  
  

  Competition; and

  Commercial damage.

  However, if the defendant's interference with the competitor's business is merely an incident to the accomplishment of a legitimate business purpose, namely lawful competition, there can be no liability.

  The Florida common law of unfair competition is an umbrella for all statutory and nonstatutory causes of action arising out of dishonest business practices which are contrary to honest competition in industrial or commercial matters. To prevail on a cause of action for unfair competition a plaintiff should consult with an experienced West Palm Beach unfair competition lawyer, who will advise a plaintiff that he or she must plead that the defendant competes with its opponents for a common pool of customers. For instance, a competitor established a prima facie claim for unfair competition by pleading allegations that the software manufacturer and its principal engaged in deceptive and fraudulent conduct by advertising that their web based digitized signature capture technology product was patented and there were no other companies that had online signatures, they knew or should have known that representations were false and customers would have been induced to rely and act on them, and cause customer confusion.

  A cause of action for unfair competition may have many complex issues. Therefore, you should consult with an experienced West Palm Beach business and commercial lawyer. Call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.