What is restitution under California law?
What is restitution under California law?
Injunctive relief is the primary remedy offered by the UCL, and restitution (specifically, the return of money taken from the plaintiff as a result of the unlawful conduct) is the only monetary remedy available to plaintiffs in private actions.
What elements must be established to win under a claim of unfair competition?
To prevail on a false-advertising claim under the Lanham Act, a plaintiff must satisfy the following elements: (1) a false or misleading statement of fact; that is (2) used in a commercial advertisement or promotion; that (3) deceives or is likely to deceive in a material way; (4) in interstate commerce; and (5) has …
Who can bring a 17200 claim?
Anyone can bring a lawsuit alleging violations of California Business & Professions Code §17200. In fact, anyone “acting for the interest of itself, its members or the general public” has standing to bring a claim. (Pines v. Tomson, (1984) 160 Cal.
How do you prove unfair competition in California?
To prove a violation under the fourth definition of unfair competition, the plaintiff must show that (1) the defendant engaged in unfair, deceptive, untrue or misleading advertising and (2) the plaintiff suffered injury in fact and lost money or property. California courts have interpreted “advertising” to include …
What happens if you don’t pay restitution in California?
In most cases, restitution is ordered as part of probation or another form of supervision. This means that failing to pay will be considered a probation violation. Any time you fail to do something required as part of the terms of your probation, you could be re-arrested and ordered to a probation violation hearing.
What is Section 43 A of the Lanham Act?
↑ The text of Section 43(a) of the Lanham Act[1] provides that: (1) Any person who, on or in connection with any goods or services, or any container for goods, uses in commerce any word, term, name, symbol, or device, or any combination thereof, or any false designation of origin, false or misleading description of …
What are some examples of unfair competition?
Examples of Unfair Competition Activities
- Trademark infringement.
- Product disparagement (making false claims about a competitor’s product)
- Stealing a competitor’s trade secrets or confidential information.
- Trade dress violation (copying the physical appearance of a product from a competitor)
What is section 17200 of the California Business & Professions Code?
California Business & Professions Code Section 17200 (“Unfair Competition”) Law. Car, Truck, Boat & RV fraud. Our firm is a business & civil litigation law firm. We can help you resolve unfair competition claims that impact your business and harm consumers under California law.
Can equitable defenses defeat a section 17200 claim?
The Court rejected the argument that equitable defenses could defeat a section 17200 claim arising from unlawful conduct, but ruled that “equitable defenses may be considered by the court when the court exercises its discretion over which, if any, remedies…should be awarded.” (Slip Op. at 18.)
What damages can be recovered in a representative action under section 17200?
Although the UCL does not authorize recovery of damages, in a “representative” action under section 17200, the plaintiff — who need not have been harmed by the challenged conduct — may seek injunctive and restitutionary relief, including the disgorgement of profits, on behalf of all those injured.
What is UCL 17200 California?
Business and Professions Code Section 17200, also known as California’s Unfair Competition Law (“UCL”) prohibits any unlawful, unfair or fraudulent business act or practice. It also prohibits unfair, deceptive, untrue or misleading advertising.
