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 Wisconsin, 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 breaches of restrictive covenants in employment or business sale contracts. Wisconsin's unfair competition laws are primarily derived from state statutes and common law (court opinions). For instance, the Wisconsin Deceptive Trade Practices Act (Wis. Stat. § 100.18) prohibits businesses from making false, misleading, or deceptive representations about products or services. Additionally, the state recognizes common law actions for unfair competition, such as passing off one's goods as those of another. On the federal level, unfair competition claims may arise under the Lanham Act for trademark-related issues, the Patent Act for patent infringements, and copyright laws. These federal statutes provide a uniform standard across all states, including Wisconsin, for the protection of intellectual property and prevention of unfair trade practices. It's important for businesses and consumers in Wisconsin to be aware of these regulations to ensure fair competition and to seek appropriate legal recourse when necessary.