Is Trademark Infringement Considered Unfair Competition?

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You likely cannot avoid facing some competition when you enter your product into the market. But when your competition is practicing unfairly, such as infringing upon your trademark, this is when issues arise. Continue reading to learn how trademark infringement is considered unfair competition and how an experienced New Jersey unfair competition lawyer at The Ingber Law Firm can help you take action.

By definition, what is trademark infringement?

Firstly, trademark infringement is defined as the use of a valid and legally protectable mark by a competitor. More specifically, such use causes a “likeliness of confusion” for consumers as to the source of the product. And so, the “likeliness of confusion” can be seen in any of the following ways:

  • A competitor’s mark has great similarities with yours (i.e., meaning, appearance, sound, etc).
  • A competitor’s marketing and advertising have great similarities with yours.
  • A competitor’s product is in great proximity to yours.
  • A typical consumer will likely confuse your competitor’s product with yours before purchasing.

By definition, what is unfair competition?

Secondly, unfair competition is defined as the practice of dishonest methods or unfair advantages by a competitor. More specifically, a competitor may use your information, which is not meant to be widely available, so that they can get their product ahead in the market. Unfortunately, such practices involve taking advantage of target consumers in the process.

How can trademark infringement be considered unfair competition?

Notably, one of the most common examples of unfair competition is when a competitor practices trademark infringement. This is because, when a competitor intentionally creates a trademark that is significantly and deceptively similar to yours, they are trying to make money off of your idea. Ultimately, they are trying to get your target consumers to confuse their copycat trademark with your original trademark, and thus confuse the products upon purchase.

Competing unfairly via trademark infringement comes with many consequences. But one example is that, say for instance, your competitor’s copycat product does not match up to your quality and standards. So when a consumer purchases their product thinking it is yours, this can damage your product’s reputation.

Unfortunately, unfair competition has become far more common with the rise of technology, as now intellectual property can be stolen through electronically stored information. This is why, if you have been made a victim of trademark infringement or otherwise unfair competition, you cannot stand idly by. Instead, you must fight back with legal representation from a skilled New Jersey trademark lawyer. We will do everything in our power to protect your mark and overall protect your hard work, so pick up the phone and give us a call today.