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Division 7 General Business Regulations

§ 17202. Specific or preventive relief

Notwithstanding Section 3369 of the Civil Code, specific or preventive relief may be granted to enforce a penalty, forfeiture, or penal law in a case of unfair competition.

Added Stats 1977 ch 299 § 1.

Collateral References:
Witkin Summary (9th ed) Equity § 93
Cal Jur 3d (Rev) Associations and Clubs §§ 30, 42, Consumer and Borrower Protection Laws § 66
Law Review Articles:
Unfair competition and the consumer-injunctive relief from misfiled collection agency complaints. 24 Hast LJ 537
Use of personal names as unfair competition. 41 LA Bar B 266
Right of charitable or religious association or corporation to protection against use of same or similar name by another. 37 ALR3d 277
Propriety of permanently enjoining one guilty of unauthorized use of trade secret from engaging in sale or manufacture of device in question. 38 ALR3d 572

Equity abhors a forfeiture and it will not be allowed where the party who deems himself aggrieved has a remedy by which he may be compensated for his loss. Plante v Gray (1945) 68 Cal App 2d 582, 157 P2d 421
In unfair competition cases other than those involving the use of one's own name, defendant may be enjoined in the absence of actual fraud if natural consequence of his conduct is to cause deception. D & W Food Corp. v Graham (1955, 1st Dist) 134 Cal App 2d 668, 286 P2d 77
Any institution that sells merchandise or services to public is entitled to be protected against competitor who, by fraudulent practice, diverts business of institution and causes it to flow to wrongdoer or to others. Hesse v Grossman (1957, 2nd Dist) 152 Cal App 2d 536, 313 P2d 625
Equity abhors a forfeiture. Scarbery v Patch (Bill) Land & Water Co. (1960) 184 Cal App 2d 87, 7 Cal Rptr 408

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