Practice Areas

unfair competition

Unfair competition is a common law construct, enforced in state court or by added claims in a federal lawsuit, for any of various acts taken askance by one who believes himself / herself / itself injured. Often such a claim is added to a federal trademark or trade dress action, or even a federal patent or copyright action, as a catch-all for any harms caused that may lie outside the main cause of action, as for advertising injury, invasion of privacy, libel or slander, or the like. Usually the unfair competition action is handled together with the main action unless there is some clear and separate merit to the added cause.

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