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 West Virginia (WV), unfair competition laws are in place to protect both consumers and businesses from deceptive and unethical practices. These laws cover 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. For instance, the West Virginia Consumer Credit and Protection Act prohibits deceptive acts or practices in commerce, which would encompass various forms of misleading advertising and sales tactics. Additionally, while state statutes and common law address many aspects of unfair competition, issues related to patents, copyrights, and trademarks are governed by federal law, as these are areas of intellectual property that fall under federal jurisdiction. Therefore, claims related to these areas would be handled in accordance with the relevant federal statutes, such as the Patent Act, the Copyright Act, and the Lanham Act for trademarks.