What kind of evidence is necessary to prove a claim of unfair competition?
In California, proving a claim of unfair competition requires two types of evidence. First, the plaintiff must provide legal evidence, such as a written contract, that shows that the defendant violated the state’s unfair competition law. Second, the plaintiff must provide factual evidence that shows how the defendant’s actions caused the plaintiff to suffer damages. Legal evidence may include a contract that outlines how the parties will conduct trade, or another document that carries legal weight. Generally, the document should contain language that explicitly states that the defendant violated the law. For example, if the document states that a business is not allowed to use a certain form of advertising, a violation of that provision could constitute an act of unfair competition. Factual evidence could include witness testimony, economic reports, or documentation of reduced profits for the plaintiff. Such evidence must show a financial loss directly related to the defendant’s actions. For example, if the defendant began using marketing tactics that the plaintiff had exclusive rights to, the plaintiff must show how it suffered financially due to the defendant’s actions. In sum, in order to prove a claim of unfair competition in California, a plaintiff must provide legal evidence that the defendant violated state law, and factual evidence that shows how the plaintiff was damaged.
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