Federal Unfair Competition Claim

Though “unfair competition” is typically a state law claim, there is a federal cause of action for unfair competition.

15 U.S.C. § 1125 protects against “false designation of origin,” which is commonly referred to as a federal cause of action for unfair competition. Cae, Inc. v. Clean Air Engineering, Inc., 267 F.3d 660, 672-73 (7th Cir. 2001). To prevail on this claim, a plaintiff must show a (1) a protectable mark, (2) that defendant has, in connection with goods or services in commerce, made a “false designation of origin” or “misleading description of fact,” (3) and there is a likelihood of confusion. 15 U.S.C. § 1125(a)(1). Notably, this claim does not require that the plaintiff hold a registered trademark. It may be based on an unregistered, common law mark.

Contact.

Related Articles

Reformation Statute of Limitations

May 18, 2023

Reformation is a legal theory used to correct mistakes in a legal document. More technically, it is an “extraordinary equitable remedy and should be granted with great caution and only in clear cases of fraud or mistake.” Morris v. Brown, 941 S.W.2d 835, 840 (Mo. Ct. App. 1997). For example, in cases of mistake, the mistake…

Read More

Finality re: Collateral Estoppel, Res Judicata

May 10, 2023

Collateral estoppel is  a “court-made doctrine,” precluding re-litigation of an issue previously decided. Sexton v. Jenkins & Associates, Inc., 152 S.W.3d 270, 273 (Mo. 2004). To be “final” for collateral estoppel purposes, a judgment need only be “sufficiently firm to be accorded conclusive effect.” Ogle v. Guardsman Ins. Co., 701 S.W.2d 469, 471 (Mo. App….

Read More

Exhaustion of Administrative Remedies

April 25, 2023

Before filing a lawsuit relating to the actions of an administrative agency, a litigant must typically exhaust all administrative remedies. Indeed, “[i]t is well settled that when an administrative remedy is available[,] such remedy must be exhausted before a court may give injunctive or declaratory relief.” Mo. Health Care Ass’n v. Mo. Dep’t of Soc. Servs.,…

Read More

Harmless Error

April 18, 2023

To prevail as the appealing party on an appeal, you must demonstrate that there is reversible error. Very generally, “reversible error” is an error which affects the outcome of a case and prejudices the losing party. State v. Buamruk, 280 S.W.3d 600, 614 (Mo. 2009). This can be a tall hill to climb. For instance, if an appellant…

Read More
Scroll to Top