Unfair Competition

A term which may be applied generally to all dishonest or fraudulent rivalry in trade and commerce, but is particularly applied in the courts of equity (where it may be restrained by injunction) to the practice of endeavoring to substitute one's own goods or products in the markets for those of another, having an established reputation and extensive sale, by means of imitating or counterfeiting the name, title, size, shape or distinctive peculiarities of the article or the shape, color, label, wrapper or general appearance of the package or other such simulations, the imitation being carried far enough to mislead the general public or deceive an unwary purchaser, and yet not amounting to an absolute counterfeit or to the infringement of a trade-mark or trade-name. Called in France and Germany "concurrence deloyale."

See Reddaway v. Ban-ham, [1896] App. Cas. 199; Singer Mfg. Ch V. June Mfg. Co., 163 In S. 169, 16 Sup. CL 1002, 41 L. Ed. 118; Dennison Mfg. Co. v. Thomas Mfg. Co. (C. C.) 94 Fed. 651; Simmons Medicine Co. v. Mansfield Drug Co.., 93 Tenn. 84, 23 S. W. 165; Cornelius v. Ferguson, 17 S. D. 481, 97 N. W. 390; Sterling Remedy Co. v. Eureka Chemical Co., 80 Fed. 108, 25 C. C. A. 314; T. B. Dunn Co. v. Trix Mfg. Co., 50 App. Div. 75, 63 N. Y. Supp. 333.