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Topic: Unfair competition


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  Unfair competition - Wex
The law of unfair competition is primarily comprised of torts that cause an economic injury to a business, through a deceptive or wrongful business practice.
Unfair competition can be broken down into two broad categories.
The FTC regulations concerning unfair competition are found in various parts of Title 16 of the Code of Federal Regulations (http://www.law.cornell.edu/cfr/cfr.php?title=16andtype=titleandvalue=16).
www.law.cornell.edu /topics/unfair_competition.html   (413 words)

  
 FTC POLICY STATEMENT ON UNFAIRNESS
We recognize that the concept of consumer unfairness is one whose precise meaning is not immediately obvious, and also recognize that this uncertainty has been honestly troublesome for some businesses and some members of the legal profession.
Although the administrative and judicial evolution of the consumer unfairness concept has still left some necessary flexibility in the statute, it is possible to provide a reasonable working sense of the conduct that is covered.
In fulfilling its competition or antitrust mission the Commission looks to the purposes, policies, and spirit of the other antitrust laws and the FTC Act to determine whether a practice affecting competition or competitors is unfair.
www.ftc.gov /bcp/policystmt/ad-unfair.htm   (3905 words)

  
 The Calamitous Case of the Non-Class Class and the Unfair Competition Claim: A Settlement Primer for Hybrid Class ...   (Site not responding. Last check: 2007-10-09)
Private unfair competition actions are increasingly employed as a surrogate for class actions because they have the potential for obtaining similar broad results without the impediments of class certification or court reviewed settlements.
Practitioners experienced in the handling of unfair competition cases are now familiar with the concepts of primary jurisdiction, preemption, litigation privilege and even removal (to impose the stricter federal standing requirements), all of which might be used to avoid or limit a private unfair competition action.
Indeed, a 1992 amendment to the unfair competition law caused a major surge in the use of the law by providing that individual "acts" as well as "practices" were governed under the statute.
www.sdma.com /sedgwick.updates/articles/litigation-trial?calamitouscase.html   (5270 words)

  
 Rabbi Wein - Shoftim, 5761 - Torah.org
Without competition we would be at the mercy of monopolists, cartels and a controlled society that would stifle all progress, efficiency or incentive for personal reward.
Unfair competitive practices, when practiced regularly, openly and without shame, prevent the achievement of such a society.
There is unfair competition in families and institutions for time and attention, for wealth and opportunity, even for love and caring.
www.torah.org /learning/rabbiwein/5761/shoftim.html   (555 words)

  
 California's New Definition of Unfair Competition   (Site not responding. Last check: 2007-10-09)
Section 17200 defines unfair competition to include "any unlawful, unfair or fraudulent business act or practice." The meanings of "unlawful" or "fraudulent" acts or practices have been clear, but the reference to "unfair" practices has offered seemingly limitless vistas to plaintiffs lawyers and has spawned much litigation.
Unfair acts or practices now means "conduct that threatens an incipient violation of an antitrust law, or violates the policy or spirit of one of those laws because its effects are comparable to or the same as a violation of the law, or otherwise significantly threatens or harms competition."
The analysis, however, must now be on the harm to competition - essentially an antitrust analysis - rather than on the reprehensibility of the conduct or its damage to a competitor.
www.troygould.com /publ/cal_definition.html   (948 words)

  
 SignOnSanDiego.com > News > Politics -- Targets of unfair competition law try to make it tougher to use it
Unfair competition suits have accused the health care company of switching a customer to a more expensive life insurance policy without her consent, discriminating against non-company emergency room doctors and underpaying hospitals.
The shoe maker settled an unfair competition suit that accused it of false advertising in challenging news reports that focused on the poor working conditions in factories where its products are made.
Initiative supporters said their proposal would stop frivolous suits by barring a private attorney from filing an unfair competition suit unless he or she had a client who had suffered an injury, lost money or property.
www.signonsandiego.com /news/politics/20040711-1056-ca-unfaircompetition.html   (1561 words)

  
 United States State Unfair Competition Law Overview
Unfair competition can take a number of forms, such as "passing off", "dilution", and "misappropriation".
Only non-functional product features which had acquired secondary meaning were found by the appeals court to be capable of being protected by unfair competition law.
The focal issue then became the commercial fairness or unfairness of the use requested to be approved by the plaintiff in the original proceeding.
home.att.net /~jmtyndall/ustm/unfair.htm   (1021 words)

  
 Unfair Competition, Act (Art. 22-23), 18/06/1997   (Site not responding. Last check: 2007-10-09)
(2) Unfair competition is activity, the result of which violates normative acts or the fair practice of business activity and has created, or could create, the prevention, restriction or distortion of competition.
Simultaneously, the Competition Council may adopt a decision about the assessment of a fine from the relevant market participant of up to five percent (5%) from its previous financial year's turnover for the benefit of the state budget.
(2) Competition Council decisions about the failure to observe the requirements of Article 22 or 23 of this law may be appealed to the regional courts pursuant to the procedures set forth in the normative acts.
www.wipo.int /clea/docs_new/en/lv/lv008en.html   (387 words)

  
 Kansas, North Carolina Split on Whether Design Professionals Face Liability Under Unfair Competition Laws
The architect moved to dismiss the general contractor on the grounds that it was exempt from the statute.
Unfair methods of competition in or affecting commerce, and unfair or deceptive acts or practices in or affecting commerce, are declared unlawful.
As these cases illustrate, a design professional's liability for unfair or deceptive trade practices is governed by the applicable statute, and the language of deceptive trade practices statutes can vary from state to state.
www.constructionweblinks.com /Resources/Industry_Reports__Newsletters/July_21_2003/unfair_competition.htm   (1149 words)

  
 Unfair Competition and Trademark Infringement
Unfair competition, both the common law tort and the federal statute, attempts to enforce a certain level of "honest practices in industrial or commercial matters." 127 The courts continually enlarge the definition of unfair competition, often based on their conceptions of fairness and honesty in business dealings.
128 Obviously, past decisions lend guidance in defining unfair competition situations, but the concepts of fairness are fluid.
The court does not consider the contract/copyright issues in the section 43(a) violation analysis, it just looks at the elements of a section 43(a) violation: confusion, false designation of origin, and use in commerce.
www.lectlaw.com /files/inp28.htm   (4809 words)

  
 Article: Electronic Unfair Competition and Applicable Law, vol. 7.5
Of course, misleading advertising and unfair marketing are the most common types of 'traditional' unfair competition within the framework of electronic commerce, but the Internet also offers other possibilities that do not exist in the 'real world'; for example, spamming, domain name grabbing, the manipulating of search engines and the misleading use of hyperlinks.
For the area of electronic unfair competition, the E-commerce Directive is only relevant when the actions can be qualified as 'commercial communications', which is understood as 'any form of communication designed to promote, directly or indirectly, the goods, services or image of a company, organisation or person.
All the other types of electronic unfair competition that are outside the scope of the Directive fall under national rules of private international law, such as the market rule, which could determine another applicable law.
www.ejcl.org /75/art75-9.html   (1993 words)

  
 Antitrust -- Facts, Info, and Encyclopedia article   (Site not responding. Last check: 2007-10-09)
Antitrust or competition laws, (Click link for more info and facts about legislate) legislate against trade practices that undermine competitiveness or are considered to be unfair.
During the 1880s output of monopolistic industries grew seven times faster than the overall economy, while prices in these industries were generally falling—even faster than the 7% rate of decline that occurred in the economy as a whole.
But as I watched what actually happened, I saw that, instead of promoting competition, antitrust laws tended to do exactly the opposite, because they tended, like so many government activities, to be taken over by the people they were supposed to regulate and control.
www.absoluteastronomy.com /encyclopedia/a/an/antitrust.htm   (830 words)

  
 Antitrust and Unfair Competition Section Home Page
The 13th Annual Golden State Antitrust and Unfair Competition Law Institute and The 15th Annual Antitrust Lawyer of the Year Award Dinner will be held October 20, 2005 at the Westin St. Francis Hotel, San Francisco.
The Antitrust and Unfair Competition Section of the California State Bar is pleased to introduce the 2005 Supplement to our existing two volume treatise, California Antitrust and Unfair Competition (Third).
California Antitrust and Unfair Competition Law (Third) is a comprehensive two- volume treatise published by the Antitrust and Unfair Competition Law Section of the State Bar of California, authored by some of the State's leading specialists.
www.calbar.ca.gov /state/calbar/calbar_generic.jsp?cid=10703&id=3681   (646 words)

  
 Antitrust & Unfair Competition - Publictions
California Antitrust and Unfair Competition Law (Third) is a comprehensive two-volume treatise published by the Antitrust and Unfair Competition Law Section of the State Bar of California, authored by some of the State's leading specialists.
Competition is the official legal journal of the Antitrust and Unfair Competition Law Section of the California State Bar.
Competition for the tables of contents of past issues and links to the issues posted in the Section's "Members Only" area.
www.calbar.ca.gov /state/calbar/calbar_generic.jsp?cid=10703&id=3726   (695 words)

  
 Latvia - New Unfair Competition Law enacted
The definition of "unfair competition" includes any act that violates a law or fair business practice and that limits, distorts or restrains competition.
The new law also forbids arrangements which would have the effect of restricting or distorting competition, such as agreements that result in price-fixing, production quotas, market partitioning, exclusion of competitors from the market, or acts which would abuse a dominant position within the marketplace, regarded as a 40 percent market share.
Parties who engage in unfair competition may be subject to fines.
www.ladas.com /BULLETINS/1999/0399Bulletin/Latvia_NewUnfairCompLaw.html   (161 words)

  
 Unfair Competition Prevention Law - Official English Translation
The purpose of this Law is, by providing for measures for the prevention of, and compensatation for damages from unfair competition, etc. in order to ensure fair competition among entrepreneurs and the full implementation of international agreements related thereto, and thereby to contribute to the wholesome development of the national economy.
(1) A person whose business interests are infringed or are likely to be infringed by unfair competition, is entitled to request an injunction preventing or suspending such infringement against the person who is infringing such business interests or is likely to do so.
The provisions of the amended Unfair Competition Prevention Law (hereinafter referred to a “the new Law”;), unless otherwise provided, shall also apply to the matters occurred before the enforcement of this Law.
home.att.net /~jmtyndall/allpapers/Ucpl.htm   (1571 words)

  
 LWV California. In Depth Analysis of Prop 64. November 2, 2004 Election
Currently, a person initiating a lawsuit under the unfair competition law is not required to show that he/she suffered injury or lost money or property.
In cases brought by the Attorney General or local public prosecutors, violators of the unfair competition law may be required to pay civil penalties up to $2,500 per violation.
This measure requires that civil penalty revenues received by state and local governments from the violation of unfair competition law be used only by the Attorney General and local public prosecutors for the enforcement of consumer protection laws.
ca.lwv.org /lwvc/edfund/elections/2004nov/id/prop64.html   (1003 words)

  
 Corporations use ballot to fight Unfair Competition Act
In many cases, suits are brought by public interest groups with no direct connection to an alleged abuse, such as misleading advertising, other than their interests as citizens.
Initiative supporters say it would stop frivolous suits by barring private attorneys from filing unfair competition suits unless they had clients who had suffered an injury, lost money or property.
It also would require an attorney who wanted to represent a group of people in an unfair competition case to qualify the suit as a class-action case.
seattlepi.nwsource.com /business/183505_unfair26.html   (767 words)

  
 FindLaw for Legal Professionals - Case Law, Federal and State Resources, Forms, and Code
As used in this chapter, unfair competition shall mean and include any unlawful, unfair or fraudulent business act or practice and unfair, deceptive, untrue or misleading advertising and any act prohibited by Chapter 1 (commencing with Section 17500) of Part 3 of Division 7 of the Business and Professions Code.
Notwithstanding Section 3369 of the Civil Code, specific or preventive relief may be granted to enforce a penalty, forfeiture, or penal law in a case of unfair competition.
Any person who engages, has engaged, or proposes to engage in unfair competition may be enjoined in any court of competent jurisdiction.
caselaw.lp.findlaw.com /cacodes/bpc/17200-17210.html   (1865 words)

  
 Unfair Competition
Supreme Court held that unfair trade practices, including misappropriation, are not preempted by federal statutes, as long as they add the extra element of consumer confusion, and are not in conflict with federal statutes.
Codified state unfair competition laws in a federal statute.
State unfair competition laws still apply to intrastate commerce.
www.medialawyer.com /lec-unfr.htm   (967 words)

  
 deseretnews.com | Fitness clubs complain about unfair competition
Often, those public facilities are in direct competition with the 60 private clubs and fitness centers in the state, which usually provide just aerobic classes, weight rooms and exercise equipment.
The number of such public facilities is growing, with several votes taken each year either by city councils or county commissions or school districts or the general public at large to create such public recreation centers.
By far, most public recreational entities operate parks, softball and soccer fields, large swimming pools, basketball and tennis courts — facilities that no private entity is interested in making a go of, but for which there is great demand among the populace.
deseretnews.com /dn/view/0,1249,515038011,00.html   (697 words)

  
 www.st-canxing.com   (Site not responding. Last check: 2007-10-09)
As the competition moves into its final stages, they have been showing an eagerness to learn how to build on their success and are weighing up the competition for this year's award.
For the competition, which was sponsored by the Oklahoma Food Bank and the Oklahoma Pork Board, Thrash prepared his original recipe of seared pork tenderloin with torchon of pork marrow quince puree and a tasting of mushroom and squash.
Competition may be heating up for Fisher and Paykel Appliances as its Chinese rival Haier looks to gain a larger foothold in the United States.
www.st-canxing.com /?keyword=competition   (6293 words)

  
 Business Torts: Misrepresentation, Contract Interference, and Unfair Competition   (Site not responding. Last check: 2007-10-09)
The elements of an intentional interference with contractual relations claim are (1) a valid contract between plaintiff and a third party; (2) defendant's knowledge of this contract; (3) defendant's intentional acts designed to induce a breach or disruption of the contractual relationship; (4) actual breach or disruption of the contractual relationship; and (5) resulting damage.
To be considered tortious, a defendant's actions must substantially exceed fair competition and free expression, such as persuading a bank not to lend a competitor any more money.
In California, the tort of unfair competition includes "any unlawful, unfair or fraudulent business act or practice and unfair, deceptive, untrue or misleading advertising." California Business and Professions Code ยง 17200.
www.inc.com /articles/1999/11/15387.html   (425 words)

  
 SICE - IP/National Legislation - Trinidad & Tobago, Protection Against Unfair Competition Act, 1996
This Act may be cited as the Protection Against Unfair Competition Act, 1996.
In addition to the acts and practices referred to in sections 5 to 9, any act or practice, in the course of industrial or commercial activities, that is contrary to honest practices shall constitute an act of unfair competition.
Any act or practice, in the course of industrial or commercial activities, that damages, or is likely to damage, the goodwill or reputation of another’s enterprise shall constitute an act of unfair competition, regardless of whether such act or practice causes confusion.
www.sice.oas.org /int_prop/nat_leg/Trinidad/uncomp96.asp   (906 words)

  
 Bora Laskin Law Library -Finding Legal Information on the Web - Antitrust & Competition Law
Antitrust and competition law regulates mergers and acquisitions among businesses with the policy goal of ensuring adequate and healthy competition within the economy.
The Competition Bureau is an organizational unit of Industry Canada and is responsible for maintaining and encouraging fair competition in Canada.
According to its website, the Office of Fair Trading "plays a key role in protecting the economic welfare of consumers, and in enforcing United Kingdom competition policy." It was established in 1973 as a non-ministerial department of the government and was given a range of legal responsibilities as the principal United Kingdom fair trading authority.
www.law-lib.utoronto.ca /resources/topic/anti.htm   (493 words)

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