Unfair competition laws are designed to protect consumers and businesses from unfair, deceptive business or trade practices. Unfair competition claims include trademark infringement, patent infringement, copyright infringement, misappropriation of trade secrets, and breach of restrictive covenants in employment agreements and contracts for the sale of businesses.
Unfair or deceptive trade practices usually target consumers and include misleading claims about the quality or characteristics of goods or services; bait and switch sales tactics; and the unauthorized substitution of an advertised or represented brand or quality of goods for a lesser brand or quality of goods. Most unfair competition laws are located in state statutes and court opinions (common law). But patent, copyright, and trademark laws that may be the source of unfair competition claims are located in federal statutes.
In Alaska, unfair competition laws are in place to protect both consumers and businesses from deceptive and unethical practices. These laws encompass a range of issues including trademark infringement, patent infringement, copyright infringement, misappropriation of trade secrets, and violations of restrictive covenants in employment or business sale contracts. Alaska Statutes Title 45, Chapter 50, specifically addresses unfair trade practices and consumer protection. This chapter outlines various prohibited practices, such as false advertising, bait and switch tactics, and the unauthorized substitution of products. Additionally, federal laws play a significant role in the realm of intellectual property rights, with the United States Patent and Trademark Office (USPTO) and federal statutes such as the Lanham Act governing trademarks, the Copyright Act, and patent laws providing protection against unfair competition on a national level. It is important for businesses and consumers in Alaska to be aware of both state and federal regulations to ensure compliance and to seek appropriate remedies in cases of unfair competition.