Is trademark infringement a form of unfair competition?
Yes, trademark infringement is a form of unfair competition in North Dakota. Unfair competition is when someone takes the original ideas or products of another and uses them to benefit themselves without the permission of the original creator. Trademarks are important when it comes to unfair competition law because they are symbols that are used to identify a specific product or service provider. When someone else uses the same, or a similar trademark, this is considered trademark infringement. This is because two companies using the same trademark can create confusion in the marketplace. In North Dakota, trademark infringement is a form of deceptive trade practices, which are illegal under the North Dakota Century Code. This code states that any person or entity that uses another person or entity’s trademark without their permission can be subject to civil damages or even criminal penalties. Therefore, trademark infringement is indeed a form of unfair competition in North Dakota.
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