Because free competition is the fundamental principle to support the US economic system, all the US companies are able to engage in any production, marketing, or service in any open environment. However, any business tort will be penalized by intellectual property laws.

While intellectual property is protected by laws, the government also has to prevent the business that owns intellectual property rights from monopolizing the market. For many years the US has put the intellectual property rights (specially is patent) under the surveillance of the fair trade laws. It gives the balance between IP rights and free competition. The developers of a new product or an idea have right to apply for patent, but they also have to agree to transfer the patent to other manufacturers when the market demand increases.

For example, Klennex is a widely known soft tissue company. Other companies are able to produce similar tissues and packing as Klennex, but any imitative trademark, name, or even blurb is illegal. Another example is Coca-Cola. Other coke companies may use similar products to compete with Coca-Cola, but different product design and idea are required.

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