Are you a business owner or partnering with a business owner? Then you should know about the laws surrounding the relationship between businesses. This area of business law and business law dispute in Columbia is meant to ensure that businesses stay within the boundaries of the law. Some of the most common business disputes are related to intellectual property, unfair competition, and violation of consumer protection.
This section of the law protects a company’s unique and proprietary creations, innovations, and processes. When such laws are infringed upon, it constitutes illicit performances that lead to confusing consumers to gain profit at the expense of other companies. Such infringements that can also act as an obstruction to a business are advertising and marketing tactics.
Some areas of intellectual property include:
- Domain names
- Copyrights and patents
- Client List
- Proprietary operational procedures
These are unfair competition dealings, and to combat them, the government enforces what is known as the Lanman Law. This law addresses a company’s federal rights when it comes to trademark infringement. The law also lays out remedies related to violations of intellectual property law.
Typically, businesses that have fallen victim to intellectual property violation will send a letter demanding that the infringing party inhibits all activity that uses their proprietary marks. If the infringing party does not abide by the request, the company may file suit to seek damages. This type of lawsuit can implement a restraining order compelling the infringing party to cease from exploiting proprietary marks.
This refers to illegal business performances. Some examples are:
- Bait and switch marketing schemes
- Confidential information abuse
- Trade libel and secret theft
- False advertising
- Product representations meant to be misleading
Any business that violates provisions of the law pertaining to unfair competition can be held liable for compensating the affected company for harmful losses, resulting from the infringement. The same rules can apply to the violation of intellectual property law.
Violation of Consumer Protection Laws
This relates to the violation of State Consumer Protection Law that cover issues regarding intellectual property. There are several states that enforce the doubling any recoveries that the affected company may acquire, even including lawyers fees. Such laws are grounded in the Federal Trade Commission Act.
One of the biggest problems businesses face is resolving disputes. In addition to the aforementioned conflicts, other disagreements can include employee issues or a business’s need to defend itself in dealing with the federal government. In any case, there are few methods it that most Columbia business lawyers use in resolving business disputes in Columbia.
Mediation and Negotiation
In these cases, a court is not involved in the decision. Businesses will often have their own teams of negotiators on staff four situations arising from business disputes. These dedicated teams focus on negotiating agreements that avoid litigation.
There are times, however, where negotiation is not effective. In such cases, a business will secure the services of a Columbia business dispute lawyer to argue their case before a judge. The judge and jury are appointed to listen to the arguments and make decisions that are legally binding. Mediation has failed, and the state must step in, enforcing the law to mitigate the business dispute.
When negotiation doesn’t work, and a business dispute escalates to litigation, it becomes imperative for the businesses to seek the expertise of experienced business dispute attorneys. In arguing before a judge and jury, legal experts can offer the guidance and representation that is necessary for filing charges to alleviate business disputes within the bounds of the law.
For more information about resolving business disputes and business litigation, contact the Law Offices of Louis Leibowitz.