Cyberspace presentation

Davis Wafula Juma

BICT- 001/08/00208

Unfair Competition
This means that competitors compete in unequal terms i.e. favorable condition are applied to some competitors but not to others. In intellectual property law the term applied to all dishonest . The term applied to particularly applied to substitute ones own goods and products in the market for those of another for the purpose of deceiving the public

Unfair competition
This deception is achieving by imitating the:-

name
title, Size colour pattern shape

Unfair competition
The acts of unfair competition are generally

characterized by deception, bad faith, fraud or oppression, infringement Unfair competition laws have been established to protect consumers and business and help prevent trade.

Unfair competition
Examples of unfair competition include:-

Trade mark infringement e.g. using coke

trademark on competitors products. False advertising e.g. making false claims about the ability of a product Unauthorized substitution of one brand of goods for another Misappropriation of trade secrets- e.g. stealing of a competitors soft drink formula False representation of products or services

Unfair competition
The laws of unfair competition serves five

purposes: Seeks to protect the economic and creative investments made by businesses in distinguishing themselves and their products Seeks to preserve the goodwill that businesses have established with customers over time. Seek to deter businesses from appropriating the good will of their competitors Seeks to promote clarity and stability Seeks to increase competition by providing businesses with incentives to offer better goods and services better than others in the same field.

Some cases in unfair competition are: In Washington A state courts issuance of an injunction against a

national banks use of a name was inconsistent with the authority of the comptroller of currency to approve names for national banks and thus the courts relliance on the state law of unfair competition was preempted by comptrollers congressionally-approved discretion to approve bank names.
In California A manufactures price policy, which set minimum

resale prices for its product and informed retailers that the manufacturers would refuse to sell products to any retailler who did not comply, was unfair competition law.

Some cases in unfair competition are: In Indiana The appropriate remedy for the misappropriation of a

university's name or likeness by a professor for his website and e-mail addresses was under the states unfair competition law, trademark statutes and the common law of tortious interference with business relations OHIO: Actions under the state's deceptive trade practice and unfair competition law have been restricted by court interpretation of federal copyright law to lawsuits seeking to redress violations of a company's trade dress and labeling so as to prevent purchasers from being misled as to the source of goods.