What is the definition of “unfair competition” under the Lanham Act?

In Delaware, the Lanham Act defines “unfair competition” as any activity that is deceptive or fraudulent and that is likely to cause confusion or misunderstanding regarding a business’ goods, services, or commercial activities. The Lanham Act, as enforced in Delaware, prohibits any false or misleading representations about a product or service, including but not limited to false or misleading advertising, false representations about a company’s ownership of a particular product or service, or any other type of deceptive practices that are likely to confuse or mislead the public as to the source of goods or services. Unfair competition also covers practices such as trademark infringement, patent infringement, and trade name infringement. These forms of unfair competition are common in Delaware, and may be enforced by civil or criminal penalties. Trademark infringement occurs when someone uses a trademark that is confusingly similar to a registered trademark of another company. Patent infringement occurs when someone uses a patented invention without permission. Trade name infringement occurs when someone uses a business’ trade name for their own benefit. In addition to the Lanham Act, Delaware has adopted other laws that provide additional protection against unfair competition. These laws may prohibit certain activities such as the use of false advertising, the use of deceptive packaging or labeling, or the unauthorized use of another party’s materials or ideas. By recognizing and enforcing these laws, Delaware seeks to protect the public from activity that is fraudulent and potentially damaging to businesses and individuals.

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What is the definition of “unfair competition” under the Lanham Act?

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