Unfair Competition & False Advertising
Petock & Petock, LLC is experienced with handling unfair competition claims both from the standpoint of prosecuting and defending such claims. Generally unfair competition refers to claims brought under Section 43(a) of the Lanham Act which is a federal statute. Unfair competition claims are often brought when one is alleged to use any word, term, name, symbol or combination in interstate commerce in a way that is likely to cause confusion as to source, sponsorship or association. In this way unfair competition is similar to trademark infringement with one significant difference- there is no requirement of a federally registered mark. Unfair competition is also used when one is alleged to have engaged in false advertising by using any word, term, name, symbol or combination in interstate commerce to misrepresent the nature, characteristics, qualities or geographic origins of its or another’s goods or services. Unfair competition under the Lanham Act is a federal cause of action and therefore ordinarily involves litigating in the Federal Courts. Accordingly, it is imperative that a law firm such as Petock & Petock that has extensive experience practicing in the Federal Courts is retained to bring or defend an unfair competition cause of action.
