Types Of Unfair Competition In Pennsylvania
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Named Acts of Unfair Competition These are actions specifically defined in the Law, such as: -product imitation, -service imitation, -bribery, -hindering access to the market -unfair advertising.
The UTPCPL also makes it an unfair or deceptive act or practice to engage in a “bait and switch” – advertising goods or services with intent not to sell them as advertised, or advertising them with intent not to supply the reasonably expectable public demand, unless the advertisement discloses a quantity limitation.
Two common examples of unfair competition are trademark infringement and misappropriation .
Any deceptive act or practice in the course of trade that causes, or is likely to cause, confusion with respect to another person or his activities, in particular with regard to the products or services offered by such person, shall constitute an act of unfair competition.
You have a legal duty not to use unfair terms in the contracts you have with consumers. other common unfair terms include: those that deny the consumer full redress, impose unfair penalties, loss of prepayments, and allow businesses to vary the terms after the contract has been agreed.
Most states have enacted antitrust statutes modeled after the federal Sherman Act and Clayton Act. Pennsylvania, however, does not have a general antitrust statute. Pennsylvania's Unfair Trade Practices Consumer Protection Law (UTPCPL), 73 P.S. §§201-1, addresses the impact of unfair business practices on consumers.
An act or practice is “unfair” if it “causes or is likely to cause substantial injury to consumers which is not reasonably avoidable by consumers themselves and not outweighed by countervailing benefits to consumers or to competition.” 15 U.S.C. Sec. 45(n).
Introduction - In United States of America, The Sherman Act, 1890, The Clayton Act, 1914 and The Federal Trade Commission Act, 1914 are the major Acts which are enacted to address formation of cartels, collusion, restraint of trade and other practices which are anti- competitive in nature.
Unfair competition: This term is sometimes used specifically to refer to torts that confuse consumers about the source of a product, known as deceptive trade practices. Unfair trade practices: This category includes all other forms of unfair competition not directly related to consumer confusion.
