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 Georgia, 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. Georgia's unfair competition laws are derived from both state statutes and common law (court opinions). For instance, the Georgia Uniform Deceptive Trade Practices Act prohibits actions such as false advertising and misleading representations about the source, quality, or certification of goods and services. Additionally, federal laws play a significant role in addressing unfair competition, particularly in the areas of intellectual property rights. The Lanham Act governs trademarks and service marks, while copyright and patent protections are established under federal statutes like the Copyright Act and the Patent Act. These federal laws provide a framework for addressing unfair competition claims related to intellectual property across all states, including Georgia.