What is the difference between unfair competition and trademark infringement?

Unfair competition and trademark infringement are two distinct concepts. Unfair competition is a broader term which includes trademark infringement, but not all trademark infringements constitute unfair competition. Unfair competition is an umbrella term used to refer to any unlawful business practices between competitors, including false advertising, price fixing, bribery, and deceptive trade practices. It is illegal for a business to make false claims about its products or services, or to take unfair advantage of consumers or other businesses. It is also illegal for businesses to enter into agreements with one another to manipulate prices or restrict competition. On the other hand, trademark infringement occurs when a person uses a trademark of a company without their permission. This could be in the form of selling counterfeit products, using a trademarked name for their own business, or creating a confusingly similar mark. This type of violation is more specific than unfair competition and requires the trademark to be registered with a governing body such as the United States Patent and Trademark Office. In California, violations of either unfair competition or trademark infringement lead to civil penalties. Both are considered serious offenses. However, trademark infringement is much more difficult to prove, since it requires proof that the trademark was registered and that the person’s use of it was without the company’s permission.

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What is the difference between unfair competition and trademark infringement?

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