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Ivanka Trump’s Brand Sued for Alleged Unfair Competition
Por:  María Mercedes Pérez

Recently, a clothing company, Modern Appealing Clothing, filed a lawsuit against the fashion company Ivanka Trump Marks LLC, owned by the daughter of the current President of the United States, Donald Trump, for alleged unfair competition.  

Modern Appealing Clothing claims that Ivanka Trump´s company has gained unfair advantage in the marketplace by leveraging the influence of the presidency to promote Ivanka’s brand over similar fashion retailers acting in the North American market.

Competition, understood as the rivalry among companies selling similar products and services with the goal of achieving revenue, profit and market-share growth, is positive and legal; however, when a fraudulent or unethical commercial conduct is carried out to the detriment of the other participants, there is unfair competition. Focused on the present case, unfair competition is evidenced by the privileged publicity coming from the government of the United States, and the advantage gained from their position to promote a brand belonging to their family.

Among the examples of these conducts, we find the remarks of Donald Trump’s counselor, Kellyanne Conway, who appeared in television urging the public to buy the branded products of the president’s daughter, and Donald Trump’s twit claiming that his daughter had been “treated so unfairly by @Nordstrom” upon dropping her products this year, to which Nordstrom simply responded by citing the poor sales of Ivanka Trump’s brand.

It is clear that the purpose of the lawsuit filed by Modern Appealing Clothing is to draw public attention to the unfair privilege granted to the Ivanka Trump’s brand and to prevent it from being a recurrent behavior of the Trump administration, thereby affecting different sectors of the economy in the United States.

For now, there is an expectation regarding this news, the actions of the recently elected President Trump, the public response in the United States and its repercussions worldwide.   



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