Wondering how to prove an unfair competition claim under New York law? Unfair competition is an intentional business tort, so the plaintiff must prove the defendant's acts were willful.New York only recognizes two theories of common law unfair competition: palming off and misappropriation. Some common examples of unfair competition included trademark infringements, trade defamation, and misappropriation of trade secrets. Unfair competition is a commonly used term that can describe a variety of unlawful business practices. Nematzadeh PLLC has extensive experience in antitrust and unfair competition litigation representing plaintiffs. Call us at 646-417-8424! Section 5 of the Federal Trade Commission Act (FTC Act) prohibits "unfair methods of competition in or affecting commerce. Unfair business practices means any unlawful, unfair, deceptive, untrue, misleading or fraudulent business act or practice, including advertisements. The UCL forbids "unlawful, unfair or fraudulent" conduct in connection with virtually any type of business activity.