When you first open your business to the public, it is natural to encounter some sort of competition. But what is not acceptable is if competitors completely copy your brand identity, or otherwise your trademark. This may be considered unfair competition, which subsequently may require legal action. Continue reading to learn what is considered unfair competition with a trademark and how an experienced Missouri trademark litigation lawyer at FortmanSpann, LLC can work on your behalf to build a case.
By definition, what is unfair competition?
By definition, unfair competition is considered to be one party’s deceptive practices that create a harmful competitive advantage over another party. Essentially, this is an umbrella term that may apply to several types of unfair business practices. Examples are as follows:
- One party infringes upon another party’s trademark.
- One party misappropriates another party’s trade secrets.
- One party passes off the products or services that belong to another party.
- One party commits trade libel against another party.
- One party falsely represents their products or services.
- One party falsely advertises their products or services.
- One party participates in price discrimination with their products or services.
What is considered unfair competition with a trademark?
To reiterate, trademark infringement is one of the many ways in which unfair competition might occur. Below are specific examples as to when this may apply:
- One party wrongfully sells a product that has your federally registered logo on it to deceive customers.
- One party wrongfully packages a product using your federally registered design to deceive customers.
- One party wrongfully displays your federally registered symbol in their advertising to entice customers.
- One party wrongfully names a service with your federally registered name to entice customers.
What should I do if there is unfair competition against my trademark?
And so, if any of the aforementioned instances apply to you, then you may pursue litigation against the negligent party. This is so long as you can present proof of your trademark registration, proof of the negligent party’s infringement practices, and more.
More specifically, you may sue for injunctive relief and/or monetary damages. For one, the federal or state court may issue an injunction, which will essentially stop the negligent party from participating in such wrongful business practices any further.
On the other hand, the federal or state court may order monetary damages to make up for the financial losses you incurred due to such wrongful business practices. To calculate your total reward, the court may consider the number of trademark infringement violations the negligent party committed; the nature and seriousness of their wrongful business practices; and more.
At the end of the day, when it comes to your litigation proceedings, you need a skilled Missouri trademark attorney by your side. This is why you must contact FortmanSpann, LLC today.