Is trademark infringement a form of unfair competition?
Yes, trademark infringement is a form of unfair competition. Unfair competition law is an area of law that is aimed at preventing businesses from engaging in conduct that is considered to be deceptive or fraudulent. A trademark is a distinctive sign or symbol used by a business to identify itself and its goods or services. It is considered to be the property of the business and is legally protected. Trademark infringement is the unauthorized use of another business’s trademark, and can cover any activity which is likely to confuse the public about the origin of the goods or services being sold. In New Jersey, trademark infringement is one of the forms of unfair competition prohibited under its laws. New Jersey law defines unfair competition as any act that is likely to cause confusion or deception among the public as to the origin of the goods or services being offered. This includes any use of another business’s trademark, without their authorization, for commercial gain. This means that any use of a trademark, logo, slogan, or other distinctive sign that is identical or similar to another business’s trademark may be considered trademark infringement and, therefore, unfair competition. The penalties for trademark infringement and other forms of unfair competition can be significant. In New Jersey, businesses are subject to both civil and criminal penalties. There are also criminal penalties for counterfeiting goods, and for illegally using someone else’s trademark on goods or services. In addition, businesses may be subject to administrative proceedings that could result in fines and other sanctions.
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