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The information on Groklaw is not intended to constitute legal advice. While Mark is a lawyer and he has asked other lawyers and law students to contribute articles, all of these articles are offered to help educate, not to provide specific legal advice. They are not your lawyers.

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Trade Libel
Sunday, June 22 2003 @ 08:33 PM EDT

What it is:

"1. Definition of Trade Libel
"Trade libel is the intentional disparagement of the quality of property. "Unlike classic defamation, [the defamatory statements] are not directed at the plaintiff[base ']s personal reputation, but rather at the goods a plaintiff sells or the character of his or her business, as such." Guess v. Superior Court , 176 Cal.App.3d 473, 479 (1985). The disparagement must result in pecuniary damage to the plaintiff. The disparagement may be in the form of a false statement of fact or opinion. (see 5 Witkin Sum. Cal. Law Torts 573, citing Rest.2d, Torts 626)."

Law against it (states may have their own in addition):

The Lanham Act makes it illegal:

"Any person who ... in connection with any goods or services ... uses in commerce any ... false or misleading description of fact, which ... in commercial advertising or promotion, misrepresents the nature, characteristics, or qualities ... of his or her or another person's goods, services or commercial activities ... shall be liable in a civil action by any person who believes that he or she is likely to be damaged by such act."

A few more resources.

Relief you can request would include an injunction to stop whatever disparagement is occuring, very much what the folks in Germany got.


  


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