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 Washington State, 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. Washington's Consumer Protection Act (CPA), RCW 19.86, prohibits unfair or deceptive practices in trade or commerce and is the primary state statute addressing these concerns. The CPA allows for private lawsuits and is enforced by the Washington State Attorney General's Office. Additionally, federal laws such as the Lanham Act govern trademark issues, while copyright and patent protections are provided under federal statutes like the Copyright Act and the Patent Act. These federal laws offer remedies for unfair competition that crosses state lines or has a broader national impact. It's important for businesses and consumers in Washington to be aware of both state and federal regulations to ensure they are not victims of, or participating in, unfair competition practices.