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 Tennessee, 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. Tennessee's Consumer Protection Act, found in Tenn. Code Ann. § 47-18-101 et seq., prohibits unfair or deceptive acts or practices in the conduct of any trade or commerce. It is designed to safeguard consumers against misleading claims about the quality or nature of products or services, bait and switch tactics, and the unauthorized substitution of goods. Additionally, Tennessee follows common law principles that address unfair competition. On the federal level, intellectual property rights such as patents, copyrights, and trademarks are governed by federal statutes, which can also form the basis for unfair competition claims. These federal laws provide nationwide protection and standards for intellectual property, which are enforced in conjunction with state laws to ensure fair business practices.