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

In Maryland, an unlawful act of unfair competition is any act that unfairly interferes with the legitimate business or commercial interests of another. There are five elements that must be present in order for an act to be considered an act of unfair competition. The first element is the existence of competition between the parties. Generally, the party that is accused of unfair competition must be in direct competition with the party that was harmed in some way. The second element is that the accused party must have engaged in some act that was intended to gain an unfair advantage over the other party. This act could range from false advertising to anticompetitive activities. The third element is that the accused party must have succeeded in gaining a competitive advantage over the other party. The fourth element is that the other party must have suffered some sort of economic injury or loss due to the accused party’s unfair conduct. Finally, the fifth element is that the economic injury or loss suffered must be a direct result of the accused party’s unfair conduct. In summary, an act of unfair competition must involve competition between the parties, an act intended to gain an unfair advantage, a successful gain of that advantage, an economic injury or loss to the other party, and a direct relationship between the act and the injury or loss.

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

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