Unfair Competition

Unfair Competition & Business Torts Attorney - Santa Cruz

Unfair competition can threaten your company's reputation, client base, and bottom line. When a competitor or former employee uses dishonest tactics to gain an advantage, California law gives you tools to fight back.



As a Santa Cruz unfair competition lawyer, James C. Eschen has over 40 years of experience helping businesses across Santa Cruz and Monterey counties protect themselves against unlawful or unethical business practices. Whether you're facing false advertising, trade secret theft, or customer poaching, we work to stop the harm and defend your rights.

What Is Unfair Competition?

California's Unfair Competition Law (Business & Professions Code §17200) prohibits any unlawful, unfair, or fraudulent business act. This broad standard covers a wide range of conduct, including:


  • False or misleading advertising
  • Trademark infringement or use of confusingly similar business names
  • Misappropriation of trade secrets or proprietary information
  • Breaches of fiduciary duty in a business setting

The goal is simple: stop businesses or individuals from gaining an unfair edge through improper means.

We help businesses address situations such as:

Customer Poaching with Confidential Information

Competitors using stolen client lists or trade secrets.

False Advertising or Brand Confusion

Misleading statements or similar branding intended to divert customers.

Former Employee Solicitation

Departing employees contacting your clients or staff in violation of non-solicitation clauses.

Unlawful or Unscrupulous Practices

Actions that break the law or cross ethical lines, even if not criminal.

Non-Compete Agreements in CA

Many employers want to prevent ex-employees from competing directly after leaving. In California, most non-compete agreements for employees are void, except in limited situations (such as the sale of a business). However, you can still protect your company through well-drafted confidentiality agreements, trade secret protections, and non-solicitation clauses.

Our Legal Strategies

When a competitor's actions threaten your business, we act quickly to:


  • Seek Immediate Injunctions - Court orders to stop harmful conduct immediately.
  • Litigate Under UCL §17200 - Pursuing injunctions and restitution when unfair competition occurs.
  • File Related Tort Claims - Such as interference with business relationships or trade secret misappropriation, which can allow recovery of damages.

Our experience covers both state and federal unfair competition laws, including cases involving trademarks and intellectual property.

Trade Secret Protection

Many unfair competition cases overlap with trade secret law. We use California's Uniform Trade Secrets Act to pursue remedies when your proprietary information has been stolen or misused.

Unfair Competition FAQ

  • A competitor copied my business model. Is that illegal?

    Not unless they used wrongful means like stealing trade secrets or creating customer confusion. We can assess whether their actions cross legal boundaries.

  • Someone is posting false reviews about my business. Can I stop them?

    Yes, if the reviews are false and damaging, they may qualify as defamation or an unfair business practice. We can work to have them removed and seek damages.

  • My former employee is contacting my clients. What can I do?

    If they're using your confidential client list, it may violate trade secret laws or a non-solicitation agreement. We can send cease-and-desist notices or sue to enforce your rights.

Protect Your Business from Unfair Practices

If your company is facing unfair competition-or if you've been accused of it-take action before the damage grows. We help Santa Cruz businesses enforce their rights and defend their reputation.

55 River Street, Suite 100, Santa Cruz, CA