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Unfair Competition
Unfair Competition
Overview
Unfair competition issues arise from acts that disrupt market order — such as imitation, causing confusion, and free-riding on the results of others. The applicable requirements and points of proof differ by case, making initial response particularly important. In online distribution and platform environments, infringement spreads rapidly, making swift evidence securing critical. A strategic approach combining civil, criminal, and administrative remedies in parallel is necessary. The LIN IP Team provides strategy-oriented services that consider the purpose of disputes and their business impact.
Key Services

Unfair competition dispute response for product appearance, trade dress, and mark imitation

Advisory on unfair competition prevention issues such as misappropriation of results, confusion, and dilution under the Unfair Competition Prevention Act

Conduct of warning letters, evidence preservation, injunctions, and damage compensation litigation

Infringement monitoring and blocking support for online/platform distribution

Criminal complaint, investigation response, and parallel strategy formulation

Key Experience

Defense of the defendant in litigation alleging copyright infringement, trade secret misappropriation, and unfair competition arising from a new game company established by a former game company employee, after the game gained popularity

Defense of the defendant in unfair competition prohibition litigation asserting imitation of shoe product design

Representation of a bio-pharmaceutical contract development and manufacturing organization (CDMO) in seeking prohibition of trade secret infringement and unfair competition against a former employee who transferred to a competitor