Nekalá soutěž a klamavá reklama – obrana a náhrada škody

Your unfair competition lawyers in Prague and Hradec Králové

What is unfair competition – and how do you know when a competitor is crossing the line?

Unfair competition can be committed by anyone participating in commercial competition – it does not have to be your direct competitor. And equally, anyone who suffers harm – or is at risk of suffering harm in the future – has the right to defend themselves.

It covers everything from misleading advertising and breach of trade secrets to endangering consumer health. The law sets out 10 specific categories of unfair competition, and court practice has established several more. All of them, however, stem from the same definition.

The law defines unfair competition as follows:
‍Unfair competition is committed by anyone who, in the course of commercial activity, acts contrary to the rules of fair competition in a manner capable of causing harm to other competitors or to customers.
‍
‍In practice, conduct that the law does not expressly name can also constitute unfair competition.

I want to defend my interests

Aleš Linhart

Partner with 30 years of experience in litigation and arbitration. Specialist in investment arbitration under international conventions.

Martin Tůma

Head of the Litigation Team. Ph.D. in damages law. Specializes in the liability of statutory bodies.

Monika Slováková

Specialist in copyright law and litigation in the field of intellectual property and unfair competition.

Typical forms of unfair competition

Misleading advertising, misleading designation of goods or services, and disparagement

A competitor is misleading customers — lying about the properties of their product, manipulating prices, or spreading false or misleading information about you. Disparagement does not have to involve false statements — under certain circumstances, spreading truthful information can also be unlawful if it is capable of causing you harm.

Customers then make decisions based on distorted information, which can lead to a loss of clients, damage to your reputation, and financial losses. As an honest competitor, you lose your competitive advantage.

We assess whether the advertising meets the criteria for misleading conduct

We prepare a pre-litigation notice and file an application for interim measures

We quantify and pursue your claim for compensation

I want to resolve this

Exploitation of reputation and likelihood of confusion

Someone is profiting from what you have spent years building. They are copying your name, imitating your visual identity, using your brand without your consent.

A customer buys an inferior product believing they are buying from you. Your brand gradually loses value – and you bear the consequences of someone else's conduct.

We most commonly encounter this form of unfair competition in the imitation of product packaging, websites, and trade names.

We secure the cessation of the unfair competitive conduct and the withdrawal of imitations

We examine any overlap with trademark infringement

We pursue the removal of confusingly similar elements from the market and the internet

We recover appropriate compensation and damages

I want to resolve this

Trade secrets and unfair competition

Breach of trade secrets

A former employee or business partner has taken your know-how, technology, or business strategy to a competitor. This is one of the most serious interferences with a business – the losses can be enormous, and time is of the essence.

In our practice, we have handled cases where a former employee took a client database directly to a competitor.

We file an application for interim measures to prevent further damage

We secure evidence and witness statements

We quantify and pursue your claim for compensation

I want to resolve this

The list above – in the law and on this page – is not exhaustive. If a competitor's conduct is contrary to the rules of fair competition and capable of causing harm, it may be assessed as unfair competition even if it does not fall within any of the named categories. Your victory – that is our goal. Courts and arbitration are the means by which we achieve it. Get in touch.

How to defend yourself against unfair competition

I want to defend my interests

We assess whether it constitutes unfair competition

We listen to you and assess the case. We go through what happened, how long the situation has been going on, and what harm it is causing you. We tell you plainly what approach to take and what your options are – including an honest assessment of your chances of success.

We propose the most effective form of defence

Sometimes a pre-litigation notice is enough and the competitor stops voluntarily. Other times it is necessary to apply for interim measures. In the most complex cases, we develop a comprehensive strategy combining litigation with other tools.

We take over the case – and your worries

Once we take on a case, we move without unnecessary delay. We keep you informed throughout of what is happening and what comes next.

I want to resolve this

Legal tools we use in your defence against unfair competition

Pre-litigation notice

In many cases, a well-crafted notice is enough to make a competitor stop voluntarily. We prepare it so that it is legally precise and sufficiently firm. If the other side does not respond, we have the next step ready.

Interim measures in unfair competition cases

When every day of delay deepens the damage, waiting for a judgment is not an option. Interim measures can stop the harmful conduct within days. Only a carefully prepared application will deliver the result you need.

Injunction – the unfair competition action

Permanently prevents the harmful conduct going forward – either stopping it, or preventing conduct that is merely threatened. This is the primary defensive tool, which we frequently combine with other claims.

Removal action

The conduct has stopped, but the consequences remain – imitations on the market, misleading reviews online, a confusingly similar website. A removal action achieves their elimination.

Compensation for harm

We quantify lost profit, loss of customers, and the costs of mitigating the consequences. If the competitor gained a benefit from their unlawful conduct, we pursue its recovery.

Criminal complaint

If the unfair competitive conduct caused harm exceeding the statutory threshold, it may constitute a criminal offence. A criminal complaint complements the civil proceedings – the police can secure evidence that would otherwise be inaccessible to you.

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What our clients say about working with us on their disputes

"We can always count on the support of endors."

– Martin Sklenička, JTH Group. We have been representing the company in development, construction, and litigation matters for several years running.

"We value the fast, transparent communication and the creative approach of the lawyers at endors."

– Petr Louma, Owner, L Construct s.r.o. They always gave me a realistic picture of the chances of success – or failure – and laid out the options available to me. They represented me with the highest quality every time.

"The lawyers at endors helped us through a difficult situation that could have cost us a great deal of money."

– Ivan Nestával, Managing Director, Ultina s.r.o.

"Working with endors, I can always count on a high standard."

— Martin Gillar, Manager. What I value most about our collaboration is the efficiency of how we work together and the professional approach of the entire team, combined with the willingness to seek unconventional solutions to the challenges that come our way.

Thank you! Your message has been sent.

We will get back to you within 24 hours.

Something went wrong. Please try submitting the form again.

We will not let your competitor exploit your success

Every day of delay can deepen the damage – the competitor continues to mislead your customers, spread false information, or profit from your reputation. The sooner we intervene, the easier it is to stop – and the better we can quantify the compensation.

From the very beginning, we walk you through the possible trajectory of the dispute and the outcome you can realistically expect.

Case assessment within 48 hours

We do not promise results that are not realistic. But if there is a chance, we will do everything in our power.

Complete solution

From the pre-litigation notice through court proceedings to the recovery of compensation and appropriate satisfaction.

A team of 40+ lawyers in Prague and Hradec Králové

Our specialists in commercial law and litigation have experience in dozens of unfair competition disputes.

Your story deserves attention. Give yourself a lawyer who will give it to you.

Our firm brings together a team of 40+ lawyers covering 20+ practice areas. In unfair competition disputes, you will be looked after by Aleš Linhart, Martin Tůma, and their experienced colleagues from the litigation team.

Vít Kučera

Managing partner, founder of endors, and guarantor of quality. Focuses on litigation and commercial advisory. An athlete through and through – 8+ completed Ironman triathlons.

Aleš Linhart

Partner with 30 years of experience in litigation and arbitration. Specialist in investment arbitration under international conventions. Has represented key market players before Czech and international courts and arbitration institutions.

Martin Tůma

Head of the Litigation Team and Ph.D. in damages law. Hundreds of hours in courtrooms. We represent you in unfair competition disputes, damages claims, insurance, and commercial disputes.

Consultation with a lawyer

We protect your interests against unfair conduct by competitors

The law clearly defines what is prohibited. If a competitor is crossing the line – misleading customers, copying your products, or exploiting your reputation – legal defence is the answer. We secure the cessation of unlawful conduct and recover compensation for the harm caused.

We assess whether it constitutes unfair competition

We propose the most effective form of defence

We take over the case – and your worries

Pre-litigation notice

Interim measures in unfair competition cases

Injunction – the unfair competition action

Removal action

Compensation for harm

Criminal complaint

What our clients say about working with us on their disputes

"We can always count on the support of endors."

"We value the fast, transparent communication and the creative approach of the lawyers at endors."

"The lawyers at endors helped us through a difficult situation that could have cost us a great deal of money."

"Working with endors, I can always count on a high standard."

Your story deserves attention. Give yourself a lawyer who will give it to you.

Vít Kučera

Aleš Linhart

Martin Tůma

We protect your interests against unfair conduct by competitors

The law clearly defines what is prohibited. If a competitor is crossing the line – misleading customers, copying your products, or exploiting your reputation – legal defence is the answer. We secure the cessation of unlawful conduct and recover compensation for the harm caused.

We assess whether it constitutes unfair competition

We propose the most effective form of defence

We take over the case – and your worries

Pre-litigation notice

Interim measures in unfair competition cases

Injunction – the unfair competition action

Removal action

Compensation for harm

Criminal complaint

What our clients say about working with us on their disputes

"We can always count on the support of endors."

"We value the fast, transparent communication and the creative approach of the lawyers at endors."

"The lawyers at endors helped us through a difficult situation that could have cost us a great deal of money."

"Working with endors, I can always count on a high standard."

Your story deserves attention. Give yourself a lawyer who will give it to you.

Vít Kučera

Aleš Linhart

Martin Tůma

Is your competition crossing the line to the point where you can no longer stand by?