In a claim for unfair business practices, when the products involved are in all respects identical, and the packaging, advertising, and marketing of the product is the same, the fact that the name of the product bears a slight difference from the name of the product indicated may not be sufficient to excuse the defendant from a charge of unfair competition.

However, a mere similarity of packaging does not by itself give rise to the presumption that the defendant has conducted an unfair business practice. Therefore, in order for a plaintiff to prevail on a cause of action for unfair business practices, the plaintiff must establish that the public is moved to buy the goods or articles because of its source and that the features of the article are distinguishable.

However, injunctive relief will be denied where the defendant uses descriptive phrases and adjectives that are the similar to those used by the plaintiff, but the different names used by the parties and the different appearances of their advertisements are such that they could not reasonably be expected to confuse or mislead the public into thinking that the defendant's advertisements are those of the plaintiff, or that the product being advertised is not manufactured and sold by the defendant but by the plaintiff. A claim for unfair business practices may exist when simulation of another manufacturer's name or slogan causes damage on grounds entirely separate from actual customer confusion between competitors as to the source of the product. For example, a plaintiff's interest in a trademark or trade name can be protected against simulation not only on competing goods, but on goods that are so related in the market to those on which the trademark or trade name is used that the good or ill reputation of the one type of goods is likely to be transferred to the other.

A cause of action for unfair competition or deceptive business practices may have many complex issues. Therefore, you should consult with an experienced West Palm Beach unfair or deceptive business practices lawyer. Call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.