What are the defenses to a claim of unfair competition?

In Washington, there are a few potential defenses to a claim of unfair competition. Generally, these defenses fall into two main categories: the lack of intent or the legal justification of the action. The lack of intent comes into play if it can be proven that the defendant was unaware of the competing business or if the action was carried out without the intention of hurting the competing business. The legal justification of the action is more complex. In Washington, a defense that could be used is that the action is allowed by a valid patent, trademark, or copyright. Another possible defense is that the action was necessary to protect the defendant from unfair competition from the same competitor. If the defendant can prove that the action was necessary for self-preservation, then the claim of unfair competition may be dismissed. Finally, there are certain circumstantial defenses that could be used to defend against a claim of unfair competition. These include proving that the competition was actually fair or not creating an undue disadvantage, proving that the defendant’s actions do not create the likelihood of confusion between products or services, and proving that the defendant’s actions do not create an actual or potential loss of customers to the competitor. In any case, the defendant has the burden of proving all of these defenses. If the defendant cannot prove any of these defenses, then the claim of unfair competition may be upheld in court.

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