A cause of action for unfair competition may arise from an infringement or unfair competitive use of a trade name, which occurs when the name is imitated in a way that the general public, in the exercise of reasonable care, might mistake it for the name of the one first appropriating it. When this type of similarity occurs and it diverts trade from a business rival, it is considered to be a fraud. Therefore, the defendant may be subject to an injunction whether or not the prior user has an exclusive right to the use of the name.

In order for a plaintiff to prevail on a cause of action based on infringement of a trade name or service mark, a plaintiff should first consult with an experienced West Palm Beach unfair or deceptive practices lawyer, whom will advise the plaintiff that he or she must prove the following:

• The plaintiff is the prior user of the trade name or service mark;
  
  

  The trade name or service mark is arbitrary or suggestive or has acquired secondary meaning;

  The defendant is using a confusingly similar trade name or service mark to indicate or identify similar services offered by it with the plaintiff in the same trade area in which plaintiff has already established its trade name or service mark; and

  As a result of the defendant's actions or threatened actions, customer confusion may result as to the source or sponsorship of the defendant's goods or services is likely.

  A cause of action for unfair competition 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.