Types Of Unfair Competition In Utah
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Definition. 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.
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.
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.
The Utah Unfair Competition Act is one of the most vital pieces of legislation in regard to unfair competition contracts. The Act prohibits several types of agreements, including those that restrain trade and those that unlawfully interfere with a person's business interests.
Common Examples of Unfair Competition False advertising. “Bait and switch” selling tactics. Unauthorized substitution of one brand of goods for another. Use of confidential information by former employee to solicit customers.
Utah's Unfair Practices Act was enacted to “safeguard the public against the creation or per- petuation of monopolies and to foster and encourage competition, by prohibiting unfair and discrimi- natory practices by which fair and honest competition is destroyed or prevented.”
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.
