What are the elements of an unlawful act of unfair competition?

In Illinois, an unlawful act of unfair competition is when a person or business engages in activities that are likely to create confusion among customers as to the source of goods or services. This often includes a person or business misrepresenting their goods or services as being those of another. The elements of an unlawful act of unfair competition in Illinois include: 1. An act carried out by the offender that is aimed at deceiving customers or potential customers. 2. The act must be likely to cause confusion or deceive customers or potential customers about the source, sponsorship, or approval of goods or services. 3. The offender must be intentionally aiming to benefit from the potential confusion or deception. 4. The act must be causing harm to the plaintiff’s business. Additionally, the act must be more than a single, isolated incident, and must be part of an ongoing pattern of behavior. It is also important to note that simply competing for customers is not usually considered an unlawful act of unfair competition. However, deceptive practices such as falsely implying that a competitor’s goods are of inferior quality, or pretending to be a competitor in order to convert their customers, are considered acts of unfair competition in Illinois.

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