A Board Certified Patent Attorney

Archive for the ‘Unfair Competition Law’ Category

Preventing Unfair Business Competition

As any successful entrepreneur will tell you, there are a multitude of competitive risks faced by companies that, although unfair, are perfectly legal. As such, the term “unfair competition law” is actually an illusory term and one of the most difficult areas of intellectual property to define.   Unfair competition law encompasses a variety of types of commercial or business conduct including acts of trademark and trade dress infringement, false advertising, dilution, and trade secret theft. Unlike other areas of intellectual property protection, such as patent and copyright law, unfair competition claims are not pre-empted by federal law and may involve both federal and state causes of action. The purpose of unfair competition doctrines is to protect consumers and competitors from deceptive or unethical conduct in commerce. The typical unfair competition situation exists, for example, when a business represents its goods or services in a manner that buyers confuse the