In today’s competitive marketplace, businesses must operate on a level playing field. Unfortunately, not all competitors play fair. If your company has suffered financial harm due to deceptive or unlawful business practices, you may have grounds to pursue a claim for unfair competition under Florida law. At Boatman Ricci, our commercial litigation attorneys represent businesses in Naples, Fort Myers, and throughout Southwest Florida in disputes involving unfair competition, trade secret theft, false advertising, and more.

What Is Unfair Competition in Florida?

Unfair competition is a broad legal term that encompasses a range of deceptive, unethical, or wrongful business practices intended to mislead consumers or gain an improper advantage in the marketplace. Florida does not have a single statute titled “Unfair Competition,” but rather allows such claims to be brought under common law principles and various statutory provisions, including:

  • Florida’s Deceptive and Unfair Trade Practices Act (FDUTPA) – Fla. Stat. § 501.201.
  • Florida Uniform Trade Secrets Act – Fla. Stat. § 688.001.
  • Lanham Act (federal false advertising and trademark law)
  • Common law torts like misappropriation, civil theft, and tortious interference

Conduct that may constitute unfair competition includes:

  • False or misleading advertising
  • Trademark or trade dress infringement
  • Misappropriation of trade secrets
  • Poaching employees with confidential knowledge
  • Product counterfeiting
  • Defamation of a competitor’s business
  • Passing off another business’s goods or services as your own

If your business is the victim of any of the above tactics, it’s important to act quickly. Florida law imposes time limits on certain claims and may require swift legal action to prevent further damage.

How Boatman Ricci Can Help

Our commercial litigation team at Boatman Ricci has extensive experience handling complex unfair competition cases across a variety of industries. We represent both plaintiffs and defendants, giving us insight into the strategies used on both sides of these high-stakes disputes. Our approach is tailored, strategic, and always focused on protecting our clients’ business interests and reputations.

We provide legal counsel and litigation services in cases involving:

  • Business disparagement, defamation, and false advertising
  • Theft or misuse of proprietary information
  • Violations of non-compete and non-solicitation agreements
  • Confusingly similar branding or trademark misuse
  • Unauthorized use of copyrighted material
  • “Poaching” employees or interfering with other important business relationships

Whether your case calls for an immediate injunction to stop ongoing harm or a damages claim for losses already suffered, our attorneys are ready to pursue all available remedies.

Legal Remedies for Unfair Competition

Florida law provides several potential remedies for businesses harmed by unfair competition, depending on the nature of the misconduct. These may include:

Injunctive Relief

Courts can issue a temporary or permanent injunction to stop the defendant from continuing the unfair practice. This is often crucial in cases involving trade secret theft, false advertising, violation of non-compete agreements, or trademark misuse.

Monetary Damages

A business harmed by unfair competition may be entitled to recover compensatory damages, including lost profits. In some cases, courts may also award:

  • Punitive damages (for egregious misconduct)
  • Disgorgement of profits gained by the wrongdoer
  • Attorney’s fees and costs (in certain statutory claims like FDUTPA)

Destruction of Infringing Goods

In trademark or copyright cases, courts may order infringing goods or marketing materials to be destroyed.

Declaratory Relief

A declaration (or judgment) from the court that the conduct was unlawful can help protect a business from future harm or frivolous legal threats.

Proactively Guarding Against Unfair Competition

At Boatman Ricci, we not only litigate unfair competition cases—we also help businesses put proactive safeguards in place. These can include:

  • Drafting and enforcing non-disclosure, non-compete, and non-solicitation agreements
  • Conducting internal investigations into suspected employee misconduct
  • Advising on trade secret protection protocols and data security

By establishing solid legal protections, businesses can deter bad actors and be prepared to respond swiftly if unfair practices arise.

Why Choose Boatman Ricci?

Unfair competition disputes require fast, decisive action and a deep understanding of the law that governs these disputes. At Boatman Ricci, we are uniquely positioned to handle these cases with:

  • A track record of success in complex commercial litigation
  • Deep knowledge of Florida business and trade laws
  • A reputation for integrity, responsiveness, and results
  • Offices conveniently located in Naples and Fort Myers, serving clients across Southwest Florida

We are committed to defending your business against unlawful practices and restoring the competitive advantage you’ve rightfully earned in the marketplace.

Speak With a Naples Unfair Competition Attorney Today

If a competitor’s deceptive practices have harmed your business or if you’re facing allegations of unfair competition, the attorneys at Boatman Ricci are here to help. We offer clear legal guidance and aggressive representation designed to protect your bottom line and reputation.

Contact us today to schedule a confidential consultation with a trusted commercial litigation attorney.