Business and Commercial Torts in West Palm Beach

• A cause of action for a business and commercial tort may arise from the course of a business transaction or commercial negotiation.  Unfair business practices may arise from claims for unfair competition with trade name infringement, trademark infringement, and copyright infringement.   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.
  
  To prevail on a cause of action for unfair competition a plaintiff should consult with an experienced West Palm Beach business and commercial tort 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.  Moreover, 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.  A cause of action for unfair competition may arise from an infringement or unfair competitive use of a trade name, which occurs when the name is imitated in a way that the general public, in the exercise of reasonable care, might mistake it for the name of the one first appropriating it.  When this type of similarity occurs and it diverts trade from a business rival, it is considered to be a fraud.  Therefore, the defendant may be subject to an injunction whether or not the prior user has an exclusive right to the use of the name.
  
  Additionally, a cause of action for a business tort may arise from a cause of action such as unjust enrichment.  The elements of a claim for breach of fiduciary duty are: the existence of a fiduciary duty; and the defendant's breach is the proximate cause of the plaintiff's damages.
  
  A cause of action for tortious interference with an advantageous business relationship is a business tort which has several elements.  The elements of the cause of action:
• The existence of a business relationship not necessarily evidenced by an enforceable contract;
• The knowledge of the relationship on the part of the defendant;
• An intentional and unjustified interference with that relationship by the defendant; and
• Damage to the plaintiff resulting from a breach in the relationship.

A cause of action for arising from a business or commercial tort may have many complex issues and arise from various types of disputes in a commercial setting.  Therefore, you should consult with an experienced West Palm Beach business and commercial lawyer. Call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.