Unfair Competition and Advertising
Compete under clear rules and make sure others respect them too.
Competing is legitimate; copying, misleading or disparaging a competitor is not. We defend companies against conduct that harms their reputation or market position, and we review their advertising so they can communicate boldly without exposure to penalties.
Packaging almost identical to yours, an unsupported comparison that makes you look bad, or a former employee who leaves with confidential information can hurt your sales quickly. We assess the conduct, gather the evidence and choose the most effective route: a demand letter, a negotiation, a complaint before INDECOPI with a request for interim measures, or a lawsuit.
In advertising, the risk usually lies in claims that cannot be proven. Before a campaign goes live we review its messages, comparisons, promotions and conditions, and check that it has the substantiation the authority may require.
Our Unfair Competition and Advertising practice includes:
- Actions against competitors: complaints and interim measures against confusion, imitation, disparagement or free-riding on another's reputation.
- Defense against complaints: representation of your company in unfair competition proceedings.
- Advertising pre-clearance: legal opinion on campaigns, materials and promotions before release.
- Advertising claim substantiation: verification that what you advertise can be proven.
- Trade secrets: confidentiality agreements and action against information leaks.
- Negotiation and demand letters: letters and agreements to stop the conduct without litigation.
When might you need us?
- A competitor is imitating your product, packaging, name or presentation.
- A competitor is spreading false or disparaging statements about your company.
- You suspect your confidential business information is being used.
- You are launching a campaign with comparisons, superlatives or promotions.
- You received a complaint for misleading advertising or unfair competition.
- You want to act against a competitor's advertising you believe is misleading.
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