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 is that the former is a civil action taken in court against a competitor for wrongful business dealings, while the latter is a legal action taken against an advertiser for false or misleading statements. In New Hampshire, an unfair competition claim is usually a breach of contract action brought by an individual business seeking damages against another business for engaging in unlawful competition or unfair trade practices. This could include activities such as unlawful solicitation of customers, use of trade secrets or deceptive practices or tricks intended to defraud customers. A claim for false advertising, on the other hand, involves misrepresentations made by an advertiser about their products or services that are likely to affect the consumer’s decision-making process. This could include false claims about the product’s effectiveness, misleading statements about its features or benefits, or deceptive pricing. Under New Hampshire law, an unfair competition claim carries a longer statute of limitations than a false advertising claim. This means that a person who has been harmed by a competitor’s unfair practices can bring a claim in court for a longer period of time than if the wrongdoing was related to a false advertising claim. Additionally, the remedies available for an unfair competition claim may be more extensive than those available for false advertising claims.

Related FAQs

What is the scope of the Digital Millennium Copyright Act (DMCA)?
What is the concept of "trademark tacking"?
What is the definition of “unfair competition” under the Lanham Act?
Are there any special rules for the protection of famous marks?
Are there any special rules for unfair competition in the healthcare industry?
What remedies are available for trademark infringement?
What is the Federal Trade Commission Act (FTCA)?
Are there any defenses to a trademark infringement claim?
What is the purpose of the Uniform Domain Name Dispute Resolution Policy (UDRP)?
Are there any special rules for unfair competition related to the internet?

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

Related FAQs

Related Blog Posts