Abstract

Abstract This chapter expounds on the relationship between trademark rights and unfair competition law. Laws against unfair competition ensure the proper execution of the competition between market participants and the observation of the rules of fairness. Moreover, the federal law of trademarks and unfair competition primarily exists for the benefit of consumers while also offering market players advantages like nationwide protection and the ability to bring cases in federal court. The chapter looks into scenarios wherein trademark infringements and unfair competitive practices coincide, while simultaneously referencing German law, American laws, and European laws. It also cites that national laws and jurisdiction are influenced by the Court of Justice of the European Union (CJEU) jurisdiction.

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