UNFAIR COMPETITION
The firm can assist you with prevention of unfair competition
practices by your own business, as well as enforcement of your rights against
those unfairly competing against you.
What is Unfair Competition?
Unfair competition is a body of statutory and case law that
provides protection from deceptive and improper conduct in the marketplace. Many
concepts fall into the domain of unfair competition, including:
- Passing Off (a party attempts to pass off its goods or
services under the pretense that they are the goods of another, e.g.,
counterfeit merchandise);
- Misappropriation (unauthorized taking of another's property
and using it as your own, e.g., theft of trade secrets);
- Right of Publicity (the right of individuals to control the
commercial use of their identities and personas);
- False Advertising (use of a false or misleading description
or representation of fact or false designation of origin in commercial
advertising or promotion; or the misrepresentation of the nature, qualities or
geographic origin of your own or another's goods or services);
- Product Disparagement (making intentional and untrue
statements about another company or its goods or services that causes monetary
harm to the company);
- Dilution (the blurring or tarnishment of another's famous
mark); and
- Trade Dress (the total image and overall appearance of a
good or service).
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