What is the definition of “unfair competition” under the Lanham Act?
Under the Lanham Act, “unfair competition” refers to a specific form of unfair business practice. This type of competition is prohibited by both civil and criminal laws in Washington State. The main definition of unfair competition involves a variety of practices, such as: false or misleading advertising, false or misleading labeling, trademark infringement, or passing off one’s own goods or services as those of another. Unfair competition also includes the use of someone else’s trademark, trade secrets, trade dress, or other intellectual property without their permission, or the unauthorized imitation of a competitor’s goods or services. Additionally, the Lanham Act prohibits the use of disparaging or deceptive terms in the labeling of products or services. For example, an advertiser may not falsely describe a product as “made in the USA” when it is not, or imply that its goods are of better quality than they actually are. The Lanham Act is also used to protect the reputation of businesses by preventing others from using confusingly similar marks or trade dress. The purpose of this protection is to ensure that businesses can continue to distinguish themselves from their competitors and not be unfairly outcompeted. Overall, unfair competition is any practice that misleads or confuses consumers, or harms a competitor’s reputation or business interests. Such practices are prohibited under the Lanham Act, and can result in a civil or criminal penalty depending on the severity of the offense.
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