Unfair Trade Practices

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Law of Unfair Trade Practices; Interference With Pre-Contractual and Non-Contractual Relations; Interference with Contractual Relations; Use of Similar Trademarks and Trade Names; Product Substitution or Alteration; Appropriation of Publicly Disclosed Trade Values; Appropriation of Non-Publicly Disclosed Trade Values; Injurious Promotional Practices; Injurious Pricing Practices.

Privilege to Compete; Obtaining Trademark Rights; Types of Trademarks; Shape, Color and Trade Dress; Trademark Infringement; Dilution; Permissible Uses of Another's Mark; Copyrightable Subject Matter; Publication; Copyright Formalities; Joint Works and Works Made for Hire; Rights of Copyright Owners; Copyright Infringement; Fair Use; Misappropriation Doctrine; Right of Publicity; Preemption of State Law; Types of Patents; Patent-Eligible Subject Matter; Novelty; Statutory Bar; Non-Obviousness; Utility; Patent Application Procedure; Patent Infringement; Trade Secret Law; State False Advertising and Disparagement Law; Lanham Act Claims for False Advertising and Disparagement; F.T.C. Unfairness Doctrine; F.T.C. Deception Doctrine; Advertising Substantiation; F.T.C. Remedies; F.T.C. Rule-making; Consumer Remedies; Price Discrimination Under the Robinson-Patman Act; Harm to Primary-Line Competition; Harm to Secondary-Line Competition; Cost Justification and Meeting Competition Defenses; Advertising Allowances; Buyer Liability for Price Discrimination.

Law of Unfair Trade Practices; Interference With Pre-Contractual and Non-Contractual Relations; Interference with Contractual Relations; Use of Similar Trademarks and Trade Names; Product Substitution or Alteration; Appropriation of Publicly Disclosed Trade Values; Appropriation of Non-Publicly Disclosed Trade Values; Injurious Promotional Practices; Injurious Pricing Practices.

The use of unfair trading practices constitutes a breach of the law against unfair competition. The principle of freedom of competition is vital to any market. Without it, there exists no protection against large companies' obtaining monopolies and then ruthlessly exercising market dominance. The ability of other companies to freely compete with such entities is necessary to protect consumers from, for example, highly inflated prices. On the other hand, the right to compete must be tempered to avoid abuse by traders using unscrupulous methods to sell products or services. Such misuse also threatens to impede the businesses of others and breach the principle of fair competition. This subject is particularly relevant in today's society, where competition plays such an important role and new technologies, such as the Internet, provide more and more room for competition. This special volume of the Comparative Law Yearbook of International Business addresses this important, controversial subject. It gives a country-by-country account of the provisions and procedures laid down in various jurisdictions worldwide. Each contribution is provided by a leading practitioner in the area of competition law. As a result, Unfair Trading Practices is a useful tool for anyone having to deal with unfair acts in the course of trading.