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

Unfair competition law in Virginia covers a variety of activities that compete unfairly and are deemed to be beyond the norm of healthy market competition. Unfair Competition is a breach of a party’s legal duty to act fairly and in good faith. A claim for unfair competition can arise when a competitor engages in activities that intentionally misleads or deceives the public in order to take advantage of another business. Examples of unfair competition include trademark infringement, trade secret misappropriation, unfair copycatting, and others. False advertising is a form of unfair competition that happens when a company falsely represents its products or services. False advertisement can be deceptive in nature, such as false statements about the product’s features or prices. False advertising can also be non-deceptive, such as advertising a product with false facts or information. The difference between an unfair competition claim and a claim for false advertising is that an unfair competition claim includes many activities, not just false advertising, which can be used to gain an unfair advantage over a competitor. A false advertising claim is a form of unfair competition, but it is more specific and focuses on the false representation of products or services.

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