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 Colorado, 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. Colorado follows both state statutes and common law precedents to address unfair competition. For instance, the Colorado Consumer Protection Act (CCPA) prohibits deceptive trade practices and is often the statute under which unfair competition claims are made. This includes false advertising, bait and switch tactics, and substituting advertised goods with inferior products. Additionally, federal laws such as the Lanham Act govern trademark issues, while copyright and patent protections are provided under federal statutes like the Copyright Act and the Patent Act. These federal laws offer remedies for intellectual property infringement, which can be a form of unfair competition. It is important for businesses and consumers in Colorado to be aware of these laws to protect their interests and to seek advice from an attorney if they believe they have been subjected to unfair competition.