How is trademark infringement different from unfair competition?

Trademark infringement and unfair competition are distinct concepts in South Carolina law. Trademark infringement occurs when one party uses a trademark that is legally owned by another party. A trademark is a word, phrase, logo, symbol, or design that is used to identify a particular business or product. For trademark infringement to occur, the trademark must be owned by another party and must be used without that party’s permission. Unfair competition, on the other hand, refers to a wide range of practices that could be potentially damaging to a business’s reputation. These practices include misrepresentation, false and deceptive advertising, false statements about competitors’ products or services, and other profiteering activities. Unfair competition is not limited to the use of another party’s trademark. It can involve any type of activity, or lack thereof, that is damaging to the interests of another business. Ultimately, the difference between trademark infringement and unfair competition is that trademark infringement involves the unauthorized use of another party’s trademark, while unfair competition involves other activities that are damaging to a business’s reputation. In South Carolina, any business affected by either of these two concepts can seek legal recourse for any resulting damages.

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How is trademark infringement different from unfair competition?

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