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 Oregon, unfair competition laws are in place to protect both consumers and businesses from deceptive and unfair 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. Oregon follows both state statutes and common law precedents to address unfair competition. For instance, the Oregon Unlawful Trade Practices Act (UTPA) prohibits businesses from engaging in deceptive marketing and sales practices that can mislead consumers. This includes false advertising, bait and switch tactics, and unauthorized substitution of advertised products. On the federal level, intellectual property laws such as those governing patents, copyrights, and trademarks provide additional avenues for addressing unfair competition. These federal statutes offer protection against infringement and unauthorized use of protected works, brands, and inventions, and they apply nationwide, including in Oregon.