UC Applied to Trademarks
There are some unique considerations when a UC occurs in the context of trademark infringement. Trademark infringement is intended to deceive the public, which is why the act is considered a form of UC. This unfair competition also can adversely affect a consumer because the consumer is at risk of purchasing lower quality goods due to trademark confusion.
The applicable federal law prohibits the “false designation of origin” which means that companies are strictly prohibited from attempting to create this type of confusion for consumers as well as financial interference with competitors. In addition to this prohibition, companies must also abide by dilution laws, which occur when the use of a trademark in any tarnishes the reputation of a trademark. In the previously mentioned popcorn case, Amplify Snack Brands argues that Snyders-Lance product will negatively impact Amplify’s trademarked SKINNYPOP®popcorn.
Reasons to Retain the Services of a Skilled Trademark Attorney
If you are a trademark holder who is experiencing UC from a competitor or if you have been accused of unfair competition, you likely need the assistance of a skilled trademark lawyer. The lawyers at Whitcomb, Selinsky, PC are dedicated to successfully obtaining whatever trademark related goals are desired. Obtain the services of our firm today by calling our Denver office at (303) 534-1958.