Is trademark infringement a form of unfair competition?
Yes, trademark infringement is a form of unfair competition. Trademark infringement is the act of using a trademark, symbol, logo, or sign without permission from the original owner. It is considered a form of unfair competition because the person committing trademark infringement is attempting to pass off their goods or services as originating from the original owner. In North Carolina, trademark infringement is prohibited by section 75-1.1 of the North Carolina General Statutes. It defines the legal ownership of a trademark, and outlines the obligations of the trademark owner. It also outlines the requirements necessary for proving a trademark infringement, such as that the infringer had knowledge of the original owner and was attempting to pass off their goods or services as originating from the original owner. In addition, the North Carolina statute also defines the damages that may be awarded to the trademark owner as a result of trademark infringement. These damages include compensation for any economic losses that were sustained as a result of the infringement, as well as the payment to the trademark owner of the infringer’s profits and attorney’s fees. Overall, it is clear that trademark infringement is a form of unfair competition in North Carolina, and that it is prohibited by the state’s statutes. As a result, trademark owners should be aware of their rights, and take steps to protect their trademarks from being infringed upon.
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