Protect your business from unfair competition claims. Understand the origin, examples, and elements of these cases.Second, neither use involves consumer deception at the point of sale. Unfair competition claims typically require consumer confusion. For example, false advertising is a "classic" unfair competition tort. These matters have involved claims of unlawful monopoly, price fixing, tying, anti-competitive network activities, and concerted refusals to deal, among others. Unfair competition tends to be more flexible than trademark law; it supports limited injunctions that take account of competing policies. Our expertise covers the range from federal trademark infringement, dilution and false advertising claims to unfair competition and right of publicity claims. Competition Can Go Too Far. Thomas McCarthy, McCarthy on Trademarks and Unfair Competition (4th ed.