What is the difference between an unfair competition claim and a claim for false advertising?

The difference between an unfair competition claim and a claim for false advertising in Maryland is significant. An unfair competition claim occurs when one business uses deceptive or unethical tactics to gain an advantage over a competitor, such as stealing trade secrets or falsely representing a competitor’s goods or services. A false advertising claim occurs when a business makes false or misleading statements in its marketing materials about a product or service, such as exaggerating the benefits or features of a product. In Maryland, an unfair competition claim may be brought under the Maryland Antitrust Act, which prohibits certain activities, such as price-fixing, dividing markets, or preventing competitors from entering the market. In addition, the Act also prohibits a business from misrepresenting the quality or quantity of goods or services. An unfair competition claim can be made by any person or entity that suffers economic loss or harm due to the unfair competition. A false advertising claim is typically brought under the Maryland Consumer Protection Act, which prohibits businesses from making false, misleading, or deceptive statements about a product or service in order to deceive consumers. A false advertising claim can be made by any person or entity that suffers economic loss or harm due to the false or misleading statements. In both cases, the plaintiff must prove that the defendant’s deceptive conduct caused the plaintiff to suffer economic harm. Additionally, winning either claim may result in monetary damages, such as compensation for lost profits, or an injunction, which is an order requiring the defendant to cease the prohibited activity.

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