Unfair competition refers to a party’s conduct that makes it impossible to fairly compete in the marketplace. This conduct is often characterized by deception, fraud, oppression, or bad faith For example, “bait and switch” selling tactics, the use of confidential information by former employees, or the false representation of goods or services may be considered unfair by certain courts.
The Lanham Act is the U.S. federal statute governing trademarks, service marks, and unfair competition. It prohibits a number of activities, including trademark infringement, trademark dilution, false advertising, and unfair competition. An aggrieved party may potentially sue under the Lanham Act for monetary damages, or for an injunction preventing the unfair competitor from continuing its behavior.
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