Is trademark infringement a form of unfair competition?
Yes, trademark infringement is a form of unfair competition. Trademarks are words, symbols, and designs used to identify a company’s goods or services and distinguish them from those of its competitors. The owner of the trademark has the exclusive right to use it for commercial use. Unfair competition occurs when someone else uses the same or a similar trademark in Wisconsin to confuse consumers as to the source or origin of the goods or services. This deception can cause the trademark owner to suffer economic damages due to lost sales and/or diminished reputation. In Wisconsin, state laws protect against trademark infringement and unfair competition. These laws provide remedies for trademark owners who suffer damage due to trademark infringement. For instance, in Wisconsin, a trademark owner may seek a court order to require the infringer to stop using the trademark and to pay damages for monetary losses that resulted from the infringement. To protect against trademark infringement and unfair competition, businesses in Wisconsin can register their trademarks with the U.S. Patent and Trademark Office (USPTO). A trademark registration gives a business exclusive rights to the trademark throughout the United States that it would not otherwise have. Additionally, registered trademarks can be enforced against infringers more easily in court. All in all, trademark infringement is a form of unfair competition, and registering trademarks is a great way to protect against it.
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