§481A-3 - Deceptive trade practices. - Hawaii Statutes

     [§481A-3]  Deceptive trade practices.  (a)  A person engages in a deceptive trade practice when, in the course of the person's business, vocation, or occupation, the person:

     (1)  Passes off goods or services as those of another;

     (2)  Causes likelihood of confusion or of misunderstanding as to the source, sponsorship, approval, or certification of goods or services;

     (3)  Causes likelihood of confusion or of misunderstanding as to affiliation, connection, or association with, or certification by, another;

     (4)  Uses deceptive representations or designations of geographic origin in connection with goods or services;

     (5)  Represents that goods or services have sponsorship, approval, characteristics, ingredients, uses, benefits, or quantities that they do not have or that a person has a sponsorship, approval, status, affiliation, or connection that the person does not have;

     (6)  Represents that goods are original or new if they are deteriorated, altered, reconditioned, reclaimed, used, or secondhand;

     (7)  Represents that goods or services are of a particular standard, quality, or grade, or that goods are of a particular style or model, if they are of another;

     (8)  Disparages the goods, services, or business of another by false or misleading representation of fact;

     (9)  Advertises goods or services with intent not to sell them as advertised;

    (10)  Advertises goods or services with intent not to supply reasonably expectable public demand, unless the advertisement discloses a limitation of quantity;

    (11)  Makes false or misleading statements of fact concerning the reasons for, existence of, or amounts of price reductions; or

    (12)  Engages in any other conduct which similarly creates a likelihood of confusion or of misunderstanding.

     (b)  In order to prevail in an action under this chapter, a complainant need not prove competition between the parties or actual confusion or misunderstanding.

     (c)  This section does not affect unfair trade practices otherwise actionable at common law or under other statutes of this State. [L 1969, c 187, pt of §1; gen ch 1985]

 

Cross References

 

  Cybersquatting, see §§481B-21 to 25.

 

Case Notes

 

  No "likelihood of confusion" found.  399 F. Supp. 604; 5 H. App. 194, 683 P.2d 1220.

  Plaintiff's likelihood of confusion allegations may support both §§480-2 unfair methods of competition and 481A [sic] deceptive acts or practices claims.  945 F. Supp. 1344.