Utah Code » Title 13, Chapter 5a — Unfair Competition Act
Utah Code

Utah Code § 13-5a-103 (2026)

Private action for unfair competition

✓ current as of May 2026
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Except as provided in Subsection (2), a person injured by unfair competition may bring a private cause of action against a person who engages in unfair competition.
In an action under this Subsection (1), a person injured by unfair competition may recover:
actual damages;
costs and attorney fees; and
if the court determines that the circumstances are appropriate, punitive damages.
A person may not bring an action described in Subsection (1) against:
a depository institution; or
an entity that:
controls a depository institution;
is controlled by an entity that controls a depository institution; or
is controlled by a depository institution.
Notes of Decisions
Cited in 5 cases (5 in the last 5 years), 2021–2025 · leading case: Diamonds Direct v. Manly Bands (D. Utah 2024).
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Diamonds Direct v. Manly Bands (D. Utah 2024). · cites it 3× “Next, the Court will examine Lashbrook’s claim under Utah Code § 13-5a-103, which establishes a “private cause of action against a person who engages in unfair competition.”
Bedrock Quartz Surfaces, LLC v. Rock Tops Holdings LLC (D. Utah 2023). · cites it 2× “51 Utah Code § 13-5a-103(1)(a). 52 Id. § 13-5a-102(4)(a).”
Asphalt Sys. v. Am. Gilsonite Co. (D. Utah 2025). · cites it 2× “25 ASI raises two bases to dismiss AGC’s claim: first, the claim fails because AGC does not allege any conduct beyond trademark infringement; and second, AGC does not plausibly allege a material diminution in the value of intellectual property.26 The court considers each in turn.”
Siskin Enter., Inc. v. DFTAR (D. Utah 2021). “” UTAH CODE § 13-5a-103(1)(a). “Unfair competition” is defined as “an intentional business act or practice that”: (i)(A) is unlawful, unfair, or fraudulent; and (B) leads to a material diminution in value of intellectual property; and (ii) is one of the following: (A) malicious…”
Sme Steel Contractors, Inc. v. Seismic Bracing Co., LLC (Fed. Cir. 2025). “555); see also Appellees’ Br. 62–63. We thus also af- firm the district court’s grant of summary judgment in Seismic Bracing’s favor on SME Steel’s unfair competition claims under Utah Code § 13-5a-103.”
— Utah Code § 13-5a-103(1) — 1 case
Asphalt Sys. v. Am. Gilsonite Co. (D. Utah 2025). “25 ASI raises two bases to dismiss AGC’s claim: first, the claim fails because AGC does not allege any conduct beyond trademark infringement; and second, AGC does not plausibly allege a material diminution in the value of intellectual property.26 The court considers each in turn.”
— Utah Code § 13-5a-103(1)(a) — 3 cases
Bedrock Quartz Surfaces, LLC v. Rock Tops Holdings LLC (D. Utah 2023). “51 Utah Code § 13-5a-103(1)(a). 52 Id. § 13-5a-102(4)(a).”
Siskin Enter., Inc. v. DFTAR (D. Utah 2021). “” UTAH CODE § 13-5a-103(1)(a). “Unfair competition” is defined as “an intentional business act or practice that”: (i)(A) is unlawful, unfair, or fraudulent; and (B) leads to a material diminution in value of intellectual property; and (ii) is one of the following: (A) malicious…”
Diamonds Direct v. Manly Bands (D. Utah 2024). “Next, the Court will examine Lashbrook’s claim under Utah Code § 13-5a-103, which establishes a “private cause of action against a person who engages in unfair competition.”
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