What Is Unfair Competition?
Unfair Competition is a general, vague concept that could refer to trademark infringement, copyright infringement, or trade secret infringement. There is a list of unfair business practices in the California Civil Code. If someone is engaging in unfair practices by causing deception among consumers, or if they are engaging in false and misleading business practices, then that would be considered unfair competition.
What Is The Relationship Between Unfair Competition And Consumer Deception?
Consumer deception is always considered to be unfair competition. In fact, it is the hallmark for trademark infringement. The real hint in trademark infringement is whether or not the consumer has been misled or deceived.
Does An Unfair Competition Case Have To Involve Trademark Infringement?
An unfair competition case does not have to involve trademark infringement, because it could just be misleading advertising that hurts a competitor. There are a couple of different prongs under the Lanham Act, one of them being false advertising. False advertising can be an act of unfair competition as well.
What Is The Difference Between Consumer Confusion And False Advertising?
Consumer confusion is an issue that the courts will always consider when dealing with false advertising or trademark infringement.
What Are My Options If I Have Been Injured By Unfair Competition?
If someone has been injured by unfair competition, then they have the option to file a lawsuit. There are certain remedies that someone can get for unfair competition, including injunctive relief and restitution, and there are certain California statutes, such as the business profession code 17200 for competition statute, and the Lanham Act in federal court. Generally speaking, a person would get restitution and possibly injunction relief to prevent unfair competition.
What Is The Point Of An Unfair Competition Claim?
An unfair competition claim is when one person engages in certain conduct whereby they are trying to get an advantage through unfair means. This could include false, misleading statements, fraudulent statements, illegal conduct, or any other activity that violates the California Business Profession Code.
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