What are the legally recognized types of unfair competition?
Unfair competition laws protect businesses from competitors who engage in deceptive practices, such as false advertising or other forms of business misconduct. In North Carolina, the laws that address unfair competition are found in the North Carolina Unfair and Deceptive Trade Practices Act. This law prohibits unfair and deceptive business practices which may include false advertising, misappropriation of a business’s trade secrets or confidential information, or the use of deceptive trade practices to gain an unfair advantage over a competitor. The following are the three legally recognized types of unfair competition as defined by the North Carolina Unfair and Deceptive Trade Practices Act: 1. False advertising: This includes making false or misleading claims about a product or service with the intention of deceiving the public in order to gain an unfair advantage over a competitor. 2. Misappropriation of trade secrets or confidential information: This includes stealing a competitor’s trade secrets or confidential information, such as customer lists, pricing information, or manufacturing methods, in order to gain an unfair advantage. 3. Deceptive trade practices: This includes engaging in deceptive business practices such as bait-and-switch tactics, deceptive pricing schemes, or providing inaccurate information about a product or service in order to gain an unfair advantage. Under the North Carolina Unfair and Deceptive Trade Practices Act, businesses are able to bring a lawsuit to stop another business from engaging in any of these types of unfair competition. If a business is found to have engaged in any of the prohibited forms of unfair competition, they may be held liable for damages.
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