Section 5 of the Federal Trade Commission Act (FTC Act) (15 USC 45) prohibits ''unfair or deceptive acts or practices in or affecting commerce. '' The prohibition applies to all persons engaged in commerce, including banks.
If a plaintiff wins their case under the Lanham Act, they can receive monetary damages, which can include: Lost profits, Reasonable royalties, Funds to issue “corrective advertising,” meant to re-educate the public as to the correct source of goods or services affected by the unfair competition.
The law describes “unfair competition” as any unlawful, unfair, or fraudulent business act or practice, or false, deceptive, or misleading advertising. To pursue lawsuits under California's unfair competition law, a consumer or business must prove suffering and financial or property losses due to an unfair practice.
17200. As used in this chapter, unfair competition shall mean and include any unlawful, unfair or fraudulent business act or practice and unfair, deceptive, untrue or misleading advertising and any act prohibited by Chapter 1 (commencing with Section 17500) of Part 3 of Division 7 of the Business and Professions Code.
Unfair competition is conduct by a market participant which gains or seeks to gain an advantage over its rivals through misleading, deceptive, dishonest, fraudulent, coercive or unconscionable conduct in trade or commerce.
Two common examples of unfair competition are trademark infringement and misappropriation. The right to publicity is often invoked in misappropriation issues. Other practices that fall into the area of unfair competition include: False advertising.
To pursue lawsuits under California's unfair competition law, a consumer or business must prove suffering and financial or property losses due to an unfair practice. A plaintiff can take legal action within four years of discovering an illegal practice.
The essential elements of unfair competition are (1) confusing similarity in the general appearance of the goods; and (2) intent to deceive the public and defraud a competitor.
These are the most common examples of unfair competition practices in business litigation: Trademark infringement. Product disparagement (making false claims about a competitor's product) Stealing a competitor's trade secrets or confidential information.
Two common examples of unfair competition are trademark infringement and misappropriation. The right to publicity is often invoked in misappropriation issues. Other practices that fall into the area of unfair competition include: False advertising.