Is trademark infringement a form of unfair competition?
Yes, trademark infringement is a form of unfair competition. Unfair competition is defined as any activity or practice that results in confusion and misrepresents the source of goods or services, and trademark infringement is one of these activities. In Kansas, trademark infringement is a violation of the Kansas Consumer Protection Act (KCPA). Under the KCPA, a trademark is any word, phrase, or symbol used to identify a product or service and distinguish it from other similar products or services. When a company or individual uses a similar trademark to misdirect customers away from the original product, they are engaging in trademark infringement. This can include using a similar trademark to market a competing product or to advertise a service that is not offered by the company with the original trademark. Unfair competition also includes false advertising, deceptive trade practices, and passing off, where a product is presented in a way that makes it appear to be the product of another. If you believe that another company or individual is engaging in unfair competition, you may file a complaint with the Kansas Attorney General’s Consumer Protection Division. The division investigates these complaints and, if necessary, takes legal action to protect consumers and ensure fair competition.
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