What remedies are available for a violation of unfair competition law?
In New Jersey, businesses may pursue a few remedies in the event of a violation of unfair competition law. Unfair competition includes any fraudulent, deceptive, or unlawful business activity. The most common remedy is for the business to file a lawsuit. This lawsuit can be done either in state court or in federal court. In the lawsuit, the business can seek monetary damages as well as an injunction. Monetary damages can include any losses suffered by the business due to the violation, as well as any profits received by the offending party. An injunction is an order from the court that prevents the offending party from continuing the unfair competition. Another remedy that a business can pursue is to file a complaint with the New Jersey Attorney General’s office. The Attorney General’s office has the ability to investigate the case and, if necessary, take legal action against the offending party. This may include prosecuting the offending party for any violations of the law. Finally, a business may also be able to seek relief from a trade or industry association. This type of organization may be able to intervene on behalf of the business in order to stop the unfair competition. In any event, a business that finds itself the victim of unfair competition should seek legal advice in order to determine the best options for pursuing remedies.
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