Unfair Competition

If you were to sit down with a successful businessperson, and ask him or her about some of the business tactics their competition had engaged in, you might end up talking for half a day.

During that conversation, you might hear this business person use the word "unfair" numerous times when referring to his competitor's actions. More often than not, however, these unfair business practices are perfectly legal.

Because of that, Unfair Competition is one of the most difficult areas of intellectual property law to prove.

Our nations Unfair Competition laws apply to a large number of commercial or business conduct including:

• acts of trademark and trade dress infringement
• false advertising
• dilution
• and trade secret theft

Most of you are aware that patents, trademarks and copyrights are protected by Federal law. But unfair competition violations attract the interest of both Federal and State prosecutors. Both parties will go out of their way to protect consumers and businesses from deceptive or unethical business practices.

Typically, unfair competition exists when a business markets its product or service in a way that deliberately causes consumers to become confused over who actually sells what product or service.

Businesses usually try to deceive consumers by using similar packaging, logos, slogans, business names and advertising campaigns.

So, if you ever find that one of your existing products, services, or even business practice has been copied, unfair competition laws may help you put a stop to it - particularly if patents, trademarks and copyrights are not in place.

When a judge finds that one of your competitors is engaging in unfair competition, they typically will issue an injunction preventing them from continuing their practice and order them to compensate you.

If you believe that one of your competitors is engaging in unfair competition, please give Glenn or myself a call at 1-866-433-2288 or use the contact form located on this page.

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