What is the difference between unfair competition and trademark infringement?
Unfair competition and trademark infringement are two different legal concepts that deal with protecting a business’s interests. Unfair competition is a wider concept than trademark infringement and includes any act that misrepresents a business’s goods or services, such as using someone else’s name or logo, making false or misleading advertising claims, or using a similar product to copy another. Trademark infringement, on the other hand, is when another business uses a trademark that is already registered and in use by another business. This can include any words, symbols, or logos that have been trademarked by another company and are then used to represent the competing business’s goods or services. In Washington, unfair competition is prohibited under state law, which makes it illegal to make false or misleading statements about a business or another person’s goods or services. Trademark infringement is also prohibited under state law, with the additional requirement that the trademark in dispute must be registered with the state in order to pursue a claim. Both unfair competition and trademark infringement can have serious consequences for businesses, as they can cause confusion for consumers or damage to a business’s reputation. Therefore, it is important for businesses to be aware of both concepts and take steps to protect their interests.
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