unfair competition

unfair competition
The unjust appropriation of, or injury to, the goodwill or business reputation of another. 52 Am J1st Tradem §§ 86, 93 et seq. Acts done or practices employed for the purpose of pirating the trade of a competitor. The simulation by one person of the name, symbols, or devices employed by a business rival, so as to induce the purchase of his goods under a false impression as to their origin or ownership and thus secure for himself benefits properly belonging to his competitor. 52 Am J1st Tradern § 86. The repetition of words of a competitor in business in such a way as to convey a misrepresentation materially injuring the person who first used them, by appropriating credit of some kind which the first user has earned. International News Service v Associated Press, 248 US 215, 63 L Ed 211, 39 S Ct 68, 2 ALR 293. Practices opposed to good morals, because characterized by deception, bad faith, fraud, and oppression, are unfair methods of competition. Consolidated Book Publishers v Federal Trade Com. (CA7) 53 F2d 942. Unfair competition in the use of names or marks consists in the use of a name or mark by the defendant which tends to delude the public into believing the defendant's business is in some way connected with that of the plaintiff. The test is, whether the use of the name or mark would breed confusion in the minds of the public. Martha Washington Candies Co. v Goldstein (DC Pa) 28 F Supp 861.

Ballentine's law dictionary. . 1998.

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  • unfair competition — unjust contest, competition in which one of the contestants has a clear advantage …   English contemporary dictionary

  • unfair competition — /ʌnˌfɛə kɒmpəˈtɪʃən/ (say un.fair kompuh tishuhn) noun dishonest or deceptive methods of competition, as between business enterprises …  

  • unfair competition — 1. acts done by a seller to confuse or deceive the public with intent to acquire a larger portion of the market, as by cutting prices below cost, misleading advertising, selling a spurious product under a false identity, etc. 2. the use of any… …   Universalium

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