Unfair Advantage

In trademark law, "unfair advantage" refers to a situation where a person or business gains an unfair commercial advantage over another by using a trademark that is similar or identical to an existing trademark. This can occur when a trademark is used to create a false association with the goods or services of another business or to exploit the goodwill or reputation of an established trademark.

For example, if a business uses a trademark that is similar to an existing trademark to promote its products or services, it could be seen as gaining an unfair advantage by benefiting from the established reputation and goodwill associated with the existing trademark. Similarly, if a business uses a well-known trademark in a way that misleads consumers into thinking that its products or services are associated with the owner of the trademark, it could be seen as gaining an unfair advantage by capitalizing on the reputation and goodwill associated with the trademark.

Unfair advantage is one of the factors considered when determining whether a trademark is likely to cause confusion among consumers. If a trademark is likely to cause confusion and is found to be gaining an unfair advantage, it may be subject to legal action, including cancellation or infringement claims.