Unfair Competition Narrowly Limited to Common Law Definition

Open Software Found., Inc. v. United States Fid. & Guar. Co., 307 F.3d 11 (1st Cir. 2002)

The district court conceded that while not ambiguous term unfair competition, at a broad range of meanings, including, conduct that causes confusions on the part of consumer. See Model Jury Instructions, Business Torts Litigation, 151-52, . . . "An unfair competition claims may be premised on, but is not limited to, the following: (1) [t]he simulation of advertising methods.  The district court conceded that while not ambiguous term unfair competition, at a broad range of meetings, including conduct that causes confusions on the part of consumers ... and (2) deceptive, comparative advertising practice ... (3) the appearance of business facilities ... (4) a product's is shaped for configuration ... (5) the use of similar corporate business and professional names ... (6) trade dress ... (7) the dilution of good will of a trademark ..." Section 4.01, 3 unfair competition (citations omitted).