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 Nevada, unfair competition laws are in place to protect both consumers and businesses from deceptive and unjust business 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. Nevada's deceptive trade practices are governed by the Nevada Deceptive Trade Practices Act (NRS 598.0903 et seq.), which prohibits various forms of deceptive conduct, such as false advertising, bait and switch tactics, and the unauthorized substitution of products. Additionally, intellectual property rights such as patents, copyrights, and trademarks are protected under federal statutes, including the Lanham Act for trademarks, the Patent Act, and the Copyright Act. These federal laws provide a basis for unfair competition claims related to the protection of intellectual property. It is important for businesses and consumers in Nevada to be aware of these regulations to ensure fair competition and to seek appropriate legal recourse in the event of unfair practices.