All is not fair in business and competition

Most of us, at one time or another throughout our lives, have seen or heard the saying "All is fair in love and war." So, likewise, should all be fair in business and competition? According to 2006 New Mexico Statutes, Section 57-12-3, "unfair or deceptive trade practices and unconscionable trade practices in the conduct of any trade or commerce are unlawful." In other words, unfair competition will not be allowed.

In an article published by The Balance Careers, updated July 1, 2018, we find several examples of practices that would be considered unfair in the business world. However, almost all of them fall under one of two main categories.

The first category is deceptive trade practices. These are instances in which a consumer has been intentionally misled, and can occur in a variety of ways. If a company designs packaging or a logo that is similar enough to a competitor's branding that a product could be easily mistaken by a consumer as such, misleading and deception have occurred. In addition, a company name that displays too similarly to a competing company name can be construed as counterfeiting. This instance includes not only the name itself, but also font type and size as well as other characteristics.

The second category is unfair trade practices. These can include bait-and-switch offers, which lure a consumer into a business by advertising a great price on a popular product. The company then claims to be sold out of that product, but offers the consumer their own similar product at the same cost. Another example would be unauthorized substitution. These lead a party to believe they are purchasing a name brand, quality product. The business owner instead sells a "knock-off", or lesser quality item without the consumer having any knowledge of the difference. These are only two examples of many scenarios which could be construed legally as unfair trade practices.

Mostly, unfair trade practice cases are argued in state courts. However, some cases are transferred to the Federal court system where trademark or copyright infringement have occurred. Proving, as well as defending these types of claims, can be a very complex and time-consuming matter. As such, any party involved in such a case should consult with an experienced business litigation attorney.

No Comments

Leave a comment
Comment Information
Email Us For A Response

Email us about your case

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Doughty Alcaraz, P.A.

Office Location:

Doughty Alcaraz, P.A.
20 First Plaza NW, Suite 412
Albuquerque, NM 87102

Phone: 505-273-9535
Fax: 505-242-8707
Map & Directions

Phone Numbers:

Review Us