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 Utah, 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. Utah's unfair competition statutes and common law provide remedies for businesses harmed by such practices. Additionally, federal laws govern intellectual property rights, which are often at the heart of unfair competition claims. For example, the Lanham Act addresses trademark infringement and false advertising at the federal level. Consumers in Utah are also protected from deceptive trade practices such as false advertising, bait and switch tactics, and unauthorized substitution of goods through both state and federal consumer protection laws, including the Utah Consumer Sales Practices Act and the Federal Trade Commission Act. These laws aim to ensure fair competition and honest market practices, thereby safeguarding the interests of both consumers and businesses.