Is trademark infringement a form of unfair competition?
Yes, trademark infringement is a form of unfair competition. A trademark is a unique name, symbol, or phrase used to identify the source of a product or service. Trademark infringement occurs when someone else uses that trademark without permission or authorization. This means that the infringer is illegally benefiting from the goodwill and recognition that comes from a trademark that belongs to another. This is an unfair advantage to the infringer, as it allows them to pass off their own goods and services as those of the trademark owner. In Hawaii, the Unfair Competition Law prohibits trademark infringement, as it is an unfair business practice. State law protects trademarks and requires that those using a trademark must have permission of the trademark owner. Any unauthorized use of a trademark can lead to legal action from the trademark owner. This includes the use of similar marks or phrases that could be confused with the original, as well as using a trademark in advertisements or displays. When it comes to trademark infringement, it is important to be aware of the laws in your area and to seek legal advice if you are concerned about a trademark violation. By protecting the rights of trademark owners, we are ensuring that businesses cannot gain an unfair advantage and that consumers are not misled about the source of a product or service.
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