1. 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. [Cases: Trade Regulation 403. C.J.S. Trade-Marks, Trade-Names, and Unfair Competition § 98.]
2. The body of law encompassing various business and privacy torts, all generally based on deceitful trade practices, including passing off, false advertising, commercial disparagement, and misappropriation.
“The legal doctrine of unfair competition is a development of the fundamental idea that dealings based on deceit are legally wrong.” Harry D. Nims, The Law of Unfair Competition and Trade-Marks 6 (1929).
