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Defining unfair competition in Texas

It may seem odd to some to try an legislate against unfair competition between business in Houston. As you know, there is already a natural competition between your company and your competitors, as you both are going for the same consumers. Refusing to compete may put your company in a disadvantageous position compared to the competition. The question when doesn’t competition become unfair? That is a question that has been asked to us here at The Kruckemeyer Law Firm by many business representatives in your position. Fortunately, Texas state law has defined it for you. 

Per Texas’ Deceptive Trade Practices Consumer Protection Act, competing companies in your sector are not allowed to do the following: 

  • Passing off your good or services as their own 
  • Intentionally trying to confuse their products or services with your own, or attempting to convey an affiliation with or sponsorship from your business
  • Representing that their goods or services meet a standard that your company has created
  • Making false and/or disparaging claims about your company and/or the products or services that you offer

If your company has been accused of competing unfairly, your argument against such an allegation depends on the apparent intent of your actions. Any violations of the state must be intentional. Thus, showing that you were operating in good faith (either through no knowledge of a competitors products, services or standards or simply showing that your actions and/or intent have been misinterpreted) may go a long way in demonstrating that your company’s actions were genuine. 

You can learn more about the professional rules and regulations your business is expected to adhere to by continuing to explore our site. 


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