The law of unfair competition generally relates to commercial law and includes many components having intellectual property connections. Many issues pertaining to unfair competition involve conduct in the marketplace that may cause economic injuries to commercial good will and damaging trade values and opportunities. Some aspects of unfair competition relate to trademark law and involve trademark dilution, infringement, and misappropriation. Other aspects of unfair competition are for related activities including passing off, false advertising, and commercial disparagement. Unfair competition can also involve trade names and trade dress.

All of these forms of deceptive trade practices can diminish the value associated with a commercial activity, product, service, or business value by confusing consumers, diverting sales, tarnishing reputations of goods, services, and commercial activities and can result in economic loss as well as injury. For example, a consumer may suffer injuries by mistakenly purchasing substandard products/services thinking they are related to another company or manufacturer.

Unfair competition can involve both state and federal laws, and accordingly different courts (state vs. federal) are appropriate depending on the issues involved, the types of parties involved in the dispute, and which type of law (state vs. federal) is relevant. Moreover, consumers are further protected with the help of the Federal Trade Commission (FTC), which is organized to protect consumers from deceptive trade practices.

Rahman LLC’s attorneys are experienced advising clients of their rights under both state and federal laws as it relates to unfair competition. Moreover, the firm’s attorneys can assist clients in matters related to compliance with FTC rules and guidelines.

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