CONFOUNDING AS A TYPE OF UNFAIR COMPETITION (BE THE EXAMPLE OF TRADE NAMES)

Abstract

The article determines effects that result in confounding regarding competitor’s or other business entity’s sales activity. It has been proved that the confounding with other business entity’s activity may be caused by product appearance. Thus a form shall be considered as an indication that is protected against unfair competition. It has been determined that in case of confounding the following factors are considered: trademark distinctiveness, owner’s range activity and reputation, customers’ information level and similarity of trademarks, goods or services. It has been considered that actions regarding infringements of right for trade name are unfair competition. It has been proved that use of trade name imposes several important duties on its owner regarding its image. It has been concluded that  objects of illegal activity become trade names or other marks that are objects of business entities’ industrial property. Copying or imitation of such industrial property objects results in confounding competitors’ activity by customers, having negative impacts in terms of illegal use of business entities’ goodwill.