Commercial Dispargement Under Unfair Competition Actions

Commercial disparagement imposes liability for a defendant’s false or deceptive representations about the quality of another’s goods or services. Even though speech is protected, the right of commercial speech is protected on a lower scale than general speech and therefore commercial disparagement is actionable under the Lanham Act and state law claims.

The following questions have been addressed in this article:

What are the differences between actions under the Lanham Act and common law actions?
What about First Amendment considerations?

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