Unfair Competition Law
Unfair Competition Laws are designed to protect consumers and businesses alike against deceptive business practices. Some common examples of unfair competitive practices in commercial law include: trademark infringements, trade defamation, and misappropriation of business trade secrets. As pertains to consumers, unfair competition laws usually prevent unfair pricing strategies, like gouging, and false or misleading representations.
One common form of unfair competition is a violation of the exclusive rights attached to a trademark without the permission of the trademark owner. Infringement may take place when one party, the "infringer," uses a trademark which is indistinguishable or astonishingly similar to a trademark owned by another party, in relation to products or services which are identical or similar to the products or services which the registration covers. The owner of the trademark may launch civil legal proceedings against the infringing party and, pursuant to the Trademark Counterfeiting Act of 1984, some acts of trademark infringement may even be punished as a crime. Common examples of trademark infringements include counterfeit products, like knock-off handbags, watches, and bootlegged movies.
Trade defamation is an intentional, false communication, either written or spoken, that harms a business/person's reputation. This false communication must decrease the respect, regard, or confidence in which the business or person is held, or induce disparaging, hostile, or disagreeable opinions or feelings against the business or person. While most trade defamation is a civil matter, in a few instances it can become criminal. Trade defamation can also include both written statements, known as libel, and spoken statements, called slander.
If you have questions about unfair competition, you can use the resources found below to further research the topic. Similarly, should you have further questions or need the assistance of an attorney, you can find one in your location who can help you with your unfair competition issues by looking at our Law Firms page.
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Articles on Hg.org Related to Unfair Competition Law
- What Are Monopolies and Why Are They Bad?Aside from the board game, a lot of people may not really know what a monopoly is. They make their way into the news once in a while, but what does it really mean when something becomes a monopoly and why do we care? Everyone says they are bad, but why?
- Immoral But Not Always Illegal: Price Gouging After Natural DisasterThe recent floods in Colorado have brought a problem to the forefront: post-disaster price gouging. While 35 states have made this a crime, there are still 15, Colorado included, where this is merely considered capitalism.
- Merger of American Airlines and US Airways After Bankruptcy May Face Anti-Trust Law IssuesA bankruptcy judge in New York has endorsed a plan to merge American Airlines and US Airways. That approval, however, is contingent upon the outcome of an anti-trust lawsuit filed by the US Department of Justice which asserts that such a merger would deprive the marketplace of choice and competition.
- Video Deposition Formats - What They Are and How to ChooseThis article was written to help explain the various video formats available to attorneys after conducting a video deposition.
- What to Look for in a Video DepositionThis article is an attempt to illuminate both the rudimentary and nuanced strategies required to consistently produce high-quality video depositions. I often worry that attorneys who order them are unaware that the footage for which they have paid dearly, is of exceedingly poor production value. The bottom line: all video depositions should look nearly identical (except for the witness, of course); it is the means by which that end is achieved that separates excellence from inferiority.
- Clinical Integration and the Rochester Network Advisory OpinionThe Rochester Network Advisory Opinion is one of the few sources that we have to get a glimpse of what is required for a health care organization to "clinically integrate." Clinical integration is one method to reduce risk under the antitrust laws. Some of the details of the advisory opinion are discussed and analyzed by provider integration attorney John Fisher.
- May a Physician Compete against His or Her Former Practice?If you are in a group medical practice, you might wonder, “Can I or another doctor in this practice set up a competing practice?” “Will a non-competition agreement prevent it?” These questions are crucial both to the existing group and the physician who would set up the competing practice.
- Shareholder Buy-sell Agreements for Medical CorporationsIn this article I explain shareholder buy-sell agreements for physicians and medical corporations. A buy-sell agreement (also called a shareholders agreement) protects the corporation from the physician / shareholders, specifically their death, loss of license, disability, divorce and dispute.
- The Stamp War - Shoot Five: Gaylord v. United StatesIn litigation that already has lasted nearly twice as long as the war itself, volleys are still being fired over the copyright for a portion of the memorial to a war that ended in armistice and not peace. On May 14, 2012, Gaylord v. United States was remanded by the U. S. Court of Appeals for the Federal Circuit to the U. S. Court of Federal Claims for another shot at determining the amount of damages, the fifth courthouse battle in this protracted campaign.
- Attorneys: Five Tips to Sour Your Relationship With Your Court ReporterA recent meeting of court reporting firm owners from across the country began with an ice breaker. In two minutes each table was challenged to list as many things lawyers do that frustrate us. As a representative from each table read off their lists, among growing laughter and groans, clear trends were revealed. It seems the top five ways to sour your relationship with your court reporter are:
- All Antitrust and Trade Regulation Law Articles
Articles written by attorneys and experts worldwide discussing legal aspects related to Antitrust and Trade Regulation including: competition law, international trade, trade investment and unfair competition.
Unfair Competition Law - US
- ALI - Restatements of the Law - Unfair Competition
This project, which addresses the right to compete, deceptive marketing, the law of trademarks, and related concepts of intangible property and correlative rights, marked the first time the Institute had addressed the subject of unfair competition since publication of the original Restatement of Torts more than half a century earlier. Together these subjects were to have been included in the Second Restatement of Torts, as they were in the first Restatement. See Restatement Second, Torts, Vol. 4, Introduction, vii-viii. It was eventually decided, however, that they should be addressed in a separate project.
- Business Torts - Commercial Disparagement
Since 1990, commercial torts against business have increased more than personal torts against individuals, and small business bears a disproportionate amount of liability costs. It is the small business — perhaps a family-run business, a tech startup, or a local business employing a handful of people — that bears the biggest burden.
- Federal Trade Commission - Bureau of Competition
The Federal Trade Commission's Bureau of Competition champions the rights of American consumers by promoting and protecting free and vigorous competition. The Bureau: * reviews mergers and acquisitions, and challenges those that would likely lead to higher prices, fewer choices, or less innovation; * seeks out and challenges anticompetitive conduct in the marketplace, including monopolization and agreements between competitors; * promotes competition in industries where consumer impact is high, such as health care, real estate, oil & gas, technology, and consumer goods; * provides information, and holds conferences and workshops, for consumers, businesses, and policy makers on competition issues and market analysis.
- Federal Trade Commission Act - Unfair or Deceptive Acts or Practices
The Federal Trade Commission ("FTC") is an independent agency established by Congress in 1914 to enforce the Federal Trade Commission Act ("FTC Act").(1) Section 5 of the FTC Act prohibits "unfair methods of competition," and was amended in 1938 also to prohibit "unfair or deceptive acts or practices."(2) The Commission enforces a variety of other antitrust and consumer protection laws as well.
- Federal Trade Commission's Investigative and Law Enforcement Authority
The Commission's specific investigative powers are defined in Sections 6, 9, and 20 of the FTC Act, 15 U.S.C. Secs. 46, 49, and 57b-1, which authorize investigations and various forms of compulsory process. In addition, the premerger notification provisions in Section 7A of the Clayton Act, 15 U.S.C. Sec. 18a, prohibit consummation of covered acquisitions until the requested information is provided, thus effectively enabling the Commission to obtain information regarding such acquisitions.
- Noerr-Pennington Doctrine - Wikipedia
Under the Noerr-Pennington doctrine, private entities are immune from liability under the antitrust laws for attempts to influence the passage or enforcement of laws, even if the laws they advocate for would have anti-competitive effects.
- Unfair Competition - Wikipedia
Unfair competition in a general sense means that the competitors compete on unequal terms, because favourable or disadvantageous conditions are applied to some competitors but not to others; or that the actions of some competitors actively harm the position of others with respect to their ability to compete on equal and fair terms.
- Unfair Methods of Competition
Unfair methods of competition in or affecting commerce, and unfair or deceptive acts or practices in or affecting commerce, are hereby declared unlawful.
- USDOJ - Unfair Competition - FTC Act - Sherman Act - Clayton Act
Federal antitrust laws apply to virtually all industries and to every level of business, including manufacturing, transportation, distribution, and marketing. They prohibit a variety of practices that restrain trade, such as price-fixing conspiracies, corporate mergers likely to reduce the competitive vigor of particular markets, and predatory acts designed to achieve or maintain monopoly power.
Organizations Related to Unfair Competition Law
- American Antitrust Institute (AAI)
The American Antitrust Institute is an independent Washington-based non-profit education, research, and advocacy organization. Our mission is to increase the role of competition, assure that competition works in the interests of consumers, and challenge abuses of concentrated economic power in the American and world economy. We have a centrist legal-economic ideology and promote the vigorous use of antitrust as a vital component of national and international competition policy.
- International League of Competition Law (LIDC)
The International League of Competition Law (LIDC) is a long standing association which focuses on the study of competition (antitrust) law, intellectual property law and unfair competition, both at the national and international levels. It promotes mainly the principles of fairness and justice in competitive trade.