U.S. Unfair Competition and Trade Regulation Law
American competition law operates in a very different manner from that of many nations. This can become a major pitfall for businesses from other nations seeking to develop business strategies and distribution mechanisms for U.S. operations. KMKSC provides guidance on the structure and workings of this area of law, and the differences between American concepts and practices and those of other nations.
Regulation of unfair competitive practice is split between federal and state authorities. We can ensure that intellectual property is protected. We also apply our domestic expertise to ensuring that contracts used in dealings with U.S. parties will support confidentiality and non-disclosure.
KMKSC advises businesses seeking to establish marketing mechanisms on how to structure licensing, dealership, distribution and franchise strategies. If desired, we also assist with both negotiation and preparation of agreements calculated to facilitate effective operations that comply with the appropriate competition regimes. KMKSC also represents potential licensees, distributors and franchisees in the negotiation and structuring of agreements that accord with their commercial needs and with the requirements of competition law.
In the event of litigation, our experience in litigating unfair competition cases in federal and state courts enables us to promptly provide clear and detailed assessments of the legal and financial implications and options, including arbitration and mediation.
As experienced United States litigators, we are able to act rapidly to enforce our clients’ rights, including obtaining emergency injunctions to stop harmful behavior, which can be critical to the survival of U.S. operations.