Is trademark infringement a form of unfair competition?
Yes, trademark infringement is a form of unfair competition. A trademark is a form of intellectual property, similar to a patent. This can be a symbol, slogan, or word that is used to identify goods or services. When another person or company uses the same or similar trademark in a way that could cause confusion, then it is considered to be trademark infringement. In Virginia, the Virginia Uniform Trade Secrets Act (VUTSA) is the key statute that sets out the rules regarding unfair competition. Specifically, VUTSA prohibits the misappropriation of another company’s intellectual property. This includes any type of trademark infringement. It is important to note that trademark infringement does not always constitute unfair competition. Often times, trademark infringement is merely considered copyright infringement. This means that the infringer has used the trademark without permission, but did not cause any confusion or harm to the original owner of the trademark. In Virginia, if an individual or company has performed an act of trademark infringement that results in damage or confusion to another company, then they can be held liable for unfair competition. Under VUTSA, the affected company may be eligible for legal remedies such as damages, fees, or injunctions to prevent the infringer from using the trademark in the future.
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