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 New Hampshire (NH), 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. New Hampshire's Consumer Protection Act (RSA 358-A) prohibits unfair or deceptive acts or practices in commerce, which covers misleading claims about product quality, bait and switch tactics, and unauthorized substitution of goods. While state statutes and common law primarily govern unfair competition, issues related to patents, copyrights, and trademarks are also regulated under federal law. Attorneys practicing in NH must navigate both state and federal regulations when addressing unfair competition claims.