The Everyday Dictionary of Law

The Everyday Dictionary of Law provides legal vocabulary currently in use in common law jurisdictions such as most notably, in the United States. The dictionary is compiled specifically for commercial and intellectual property law practitioners, which provides simple definitions and meanings in American English, for legal terms (including Latin terms) used in formal correspondence, court proceedings, and motion practice as well as common language words that are frequently used in the same. It is a simple reference guide for attorneys, paralegals as well as casual readers who need to check the meaning of a particular legal term in due course of their work.

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Unfair Competition

Definition:

“Unfair competition” is “dishonest or fraudulent rivalry in trade and commerce; esp., the practice of endeavoring to pass off one’s own goods or products in the market for those of another by means of imitating or counterfeiting the name, brand, size, shape, or other distinctive characteristic of the article or its packaging.”
Paragraph 2 of Article 10bis of the Paris Convention for the Protection of Industrial Property (1883) provides that “[a]ny act of competition contrary to honest practices in industrial or commercial matters constitutes an act of unfair competition”. Paragraph 3 of Article 10bis further provides that “ [t]he following in particular shall be prohibited: (i) all acts of such a nature as to create confusion by any means whatever with the establishment, the goods, or the industrial or commercial activities, of a competitor; (ii) false allegations in the course of trade of such a nature as to discredit the establishment, the goods, or the industrial or commercial activities, of a competitor; (iii) indications or allegations the use of which in the course of trade is liable to mislead the public as to the nature, the manufacturing process, the characteristics, the suitability for their purpose, or the quantity, of the goods.”