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Unfair Competition

Unfair Competition

“The doctrine of unfair competition traditionally has been interpreted by courts in accordance with common law principles. Understandably, because the common law of unfair competition has evolved unevenly over the years, judicial applications in this tort field have not always been uniform or fixed.” Columbia Broadcasting System, Inc. v. Melody Recordings, Inc., 134 N.J. Super. 368, 375-376 (App. Div. 1975) (citing Squeezit Corp. v. Plastic Dispensers, 31 N.J. Super. 217, 221 (App. Div. 1954); Ellis, Trade Secrets ยง 9 (1953)). “The judicial goal should be to discourage, or prohibit the use of misleading or deceptive practices which renders competition unfair. The law must be sufficiently flexible to accommodate those goals.” Ryan v. Carmona Bolen Home for Funerals, 341 N.J. Super. 87, 92 (App. Div. 2001). The gist of an action for unfair competition is “fair play”. See Ryan v. Carmona Bolen Home for Funerals, 341 N.J. Super. 87 (App. Div. 2001).

We are prepared to represent our clients in prosecution of, or in defense of, a claim for unfair competition.