What kind of evidence is necessary to prove a claim of unfair competition?
In Washington, a claim of unfair competition requires evidence to prove the allegation. Generally, this evidence must prove that the defendant deliberately acted to gain an unfair advantage over the plaintiff. This can involve copying the plaintiff’s product, service, or approach, imitating the plaintiff’s business activities, or any other type of behavior that takes advantage of the plaintiff to benefit the defendant. Evidence that can be used to prove a claim of unfair competition in Washington includes bank documents, emails, contracts, pricing information, legal documents, marketing plans, invoices, and more. Witnesses can also be used to provide proof that the defendant did, in fact, use unfair practices. One type of evidence that is commonly used in Washington is a comparison of the plaintiff’s and defendant’s products or services. This helps to determine whether the defendant copied the plaintiff or took advantage of the plaintiff in any way shape or form. The plaintiff also must show that the defendant’s behavior caused some form of monetary or reputational damage to the plaintiff. This may require expert testimony, financial records, or other documents that show the plaintiff was financially harmed or lost customers due to the defendant’s actions. Finally, the plaintiff must demonstrate that the defendant’s actions were intentional. This means showing that the defendant knew or should have known that their actions were unfair in some way. Evidence that demonstrates the defendant’s awareness of their actions can be used in this regard.
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