What is an unfair competition trial like?
An unfair competition trial is a legal proceeding that is held in court to decide if a person or company has engaged in unfair competition. In North Carolina, a court can hear an unfair competition lawsuit if it is determined that the party accused has engaged in activities such as false advertising, deceptive product labeling, or price gouging. In an unfair competition trial, the plaintiff (the party bringing the lawsuit) must prove that the defendant (the party being sued) has engaged in unfair competition. The plaintiff must show that their business has suffered damages as a result of the defendant’s actions. Additionally, the plaintiff must show that the defendant has either stolen their intellectual property or has engaged in acts that are likely to confuse or deceive the public. The trial begins with opening statements from each side. The plaintiff then presents evidence to prove their case. This can include witness testimony, documents, and any other evidence that supports their claim. After the plaintiff presents their evidence, the defendant will put forth evidence on their behalf. After both sides have presented their cases, the judge or jury will decide whether the defendant has engaged in unfair competition. If they have, the judge may order the defendant to pay damages to the plaintiff or impose other legal remedies.
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