There are numerous businesses that are found everywhere. Due to the large number of businesses that are around people, each one usually tries to get ahead of another. As a result of this tight competition among businesses, some try to win among other businesses by turning to practices that are illegal which results to an unfair competition.
Overview of Unfair Competition
Unfair competition occurs when fraudulent, deceptive, and wrongful methods or ways are used by businesses in the aim of gaining an unjust advantage over other competitors.
It is an activity that tends to deceive or confuse the public with regard to services as well as sale of products. Some situations wherein unfair competition is evident include:
?when a business falsely criticize a product which is produced by another business
?when a business uses a misleading or an untrue advertising
?when a business misleads customers through the use of a imitative package, trademark, or name
?when one product brand is substituted or replaced for with another
?when an restrictive agreement or covenant is broken or violated
?stealing trademarks of other businesses
Two Categories of Unfair Competition
There are two extensive categories wherein unfair competition is broken down.
The two categories of unfair competition are:
?unfair competition- unfair competition is sometimes used in referring torts that are only meant to cause confusion to the consumers with regard to the source of the product
?unfair trade practices- this category includes all of the other ways or forms of unfair competition
The most usual or familiar form of an unfair competition done by business are misappropriation as well as trademark infringement.
Law Governing Unfair Competition
Due to the unjust actions that are done or may be done by one business to another, an unfair competition law is established. This law is mainly contains torts that can cause a business to suffer economic injury through a fraudulent, deceptive, and wrongful some businesses practice or mat practice.
The law of unfair competition is primarily administered and governed by the state common law. Meanwhile, Federal law may be applicable to other areas or forms of unfair competition through copyrights, false advertising, and trademarks.
In addition the law of unfair competition serves and provides the following five purposes:
1.The law aims to defend intellectual, creative, and economic investments by businesses for them as well as their products to be distinguished.
2.The law aims to protect the goodwill that has been established by businesses to their consumers.
3. The law aims to prevent businesses from appropriating their competitors? good will.
4.The law aims to support stability and clarity by the means of encouraging consumers to rely on a merchant's good will as well as reputation when the quality of rival products is evaluated or assessed.
5.The law aims to enhance competition by giving businesses with incentives to present better services and goods compared to others that are in the same field.
Prevent Unfair Competition by Following the Law
Victims in an unfair competition may suffer as well as have losses. In order to lessen its occurrence, do not let others do it to your business or else it may gravely suffer. When an unfair competition is done to your business, ask for the help of an unfair competition attorney in order for you to make the party at fault liable for the act. This attorney will help you, as well as your business to acquire the justice you should have.
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