Posted tagged ‘Product Substitution’


May 25, 2010

“All is fair in love and war.” Ok, right! but how about when it comes to business? It’s true that the most important aspect of business is making money and of course many companies are doing whatever it takes to reach that goal. This is where Unfair Competition comes in and no matter what the business, it’s just about taking advantage through false, fraudulent, or unethical commercial conduct. However, what constitutes as an “unfair” act varies with the context of the business and its involved facts and actions.

Here I’m going to introduce some practices that fall into the category of unfair competition like: misleading advertising, misappropriation of trade secrets, misrepresentation of products or services, below-cost selling, dumping and substitution of one brand of goods for another one. It’s good to mention that the famous aspect of unfair competition is trademark infringement, where someone intentionally means to defraud and confuse buyers or does it unintentionally, but there is still a likelihood of confusion.

Another scope of trademark infringement in unfair competition is trademark dilution, where there is no need to prove a likelihood of confusion, but there is still damage done to a famous mark. It can happen either by blurring or tarnishment.

Well, it’s clear that the touchstone of any trademark infringement case is likelihood of confusion. But it still remains the fundamental rule of fair dealing and honesty. What’s your take on it?