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

Under the Lanham Act, unfair competition refers to deceptive or misleading practices that are used in connection with the sale, advertisement, and/or promotion of products or services. It includes trademark infringement, false advertising, and trade secret misappropriation. Unfair competition also includes activities that create confusion among consumers by misrepresenting the source, sponsorship, approval, or certification of goods or services. In South Dakota, the Lanham Act is used to protect businesses from competitors that use unfair or deceptive practices to gain an advantage over them. These prohibited activities can cause financial harm and damage to the reputation of a business. Therefore, the Lanham Act is important to ensure a fair and competitive market. In South Dakota, the Lanham Act is enforced by the Attorney General’s Office, and it is a violation of state law to engage in unfair competition. Additionally, individuals or companies found guilty of unfair competition can be subject to civil remedies such as injunctions, monetary damages, and attorney’s fees.

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

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