How is trademark infringement different from unfair competition?
Trademark infringement and unfair competition are two distinct concepts that refer to different laws. Unfair competition, in Virginia, is a broad term that generally encompasses false advertising, deceptive practices, unfair trade practices, and any other conduct that gives one business an unfair advantage over another. Trademark infringement, on the other hand, is a narrower concept that primarily deals with protecting trademarks. A trademark is a unique name or logo used to identify the source of goods or services. Trademark infringement occurs when someone uses a similar, identical, or confusingly similar trademark, or a trademark that dilutes or tarnishes the original trademark without permission. This could include counterfeiting, copying, or using a similar trademark to sell similar goods or services. Unfair competition, however, does not need to involve a trademark. Unfair competition involves any form of wrongful conduct by a business or individual to gain an unfair advantage over another business. This could include false advertising, deceptive trade practices, or any other tactics designed to poach customers from a competitor. The main difference between trademark infringement and unfair competition is that the former primarily deals with protecting trademarks, while the latter is a broader term that encompasses any wrongful or deceptive conduct by a business to gain an advantage over a competitor.
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