How is trademark infringement different from unfair competition?

Trademark infringement and unfair competition are different in that they involve different types of intellectual property. Trademark infringement occurs when someone uses a protected trademark without permission. This includes using a name, logo, slogan, or other symbol of a company without permission. Unfair competition is a broad term that encompasses many different activities. It is an umbrella term for activities that are considered to be deceptive or misleading in the eyes of law. Unfair competition can include a variety of activities such as false advertising, false representation, passing off of goods or services as those of another company, and other anticompetitive behavior. The difference between trademark infringement and unfair competition is that the former relates to the use of protected trademarks, while the latter is focused on deceptive or misleading activities. In South Dakota, laws exist to protect against both trademark infringement and unfair competition. Both types of activity are illegal. Those who are found to be in violation of either type of law can be subject to civil and criminal penalties.

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How is trademark infringement different from unfair competition?

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