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Unfair Competition

Unfair competition:

“Unfair competition” is a term applied to dishonest or fraudulent rivalry in trade and commerce. It’s a branch of intellectual property law, particularly applied to the practice of endeavoring to substitute one’s own goods or products in the market for those of another for the purpose of deceiving the public.

How Unfair Competition Happens

According to Black’s Law Dictionary, this deception is commonly accomplished by:

“… imitating or counterfeiting the name, title, size, color scheme, patterns, shape or distinctive peculiarities of an article. It can also occur by imitating the shape, color, label, wrapper or general appearance of the package in such a way as to mislead the general public or deceive an unwary purchaser.”

Acts of unfair competition are generally characterized by deception, bad faith, fraud or oppression. They’re perceived as being against public policy because of their tendency to unduly hinder competition. Unfair competition laws have been established to protect consumers and businesses and help prevent illegal merchandising.