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Commercial Disparagement Recognized in Illinois

by Mark VB Partridge on Wed 25 Oct 2006 10:00 AM CDT | Permanent Link

A recent Illinois decision recognizes a claim for "commercial disparagement" based on a "vituperative" advertisement, Imperial Apparel Ltd. v. Cosmos's Designer Direct, Inc., 2006 WL 2129448, rejecting a 1997 decision which had concluded there was no remedy for commerical disparagement in Illinois. The decision provides an additional tool for taking action against disparaging statements made in advertising.

The defendant's remarkable advertisement asserted that the plaintiff was attempting to pull the "polyester over your eyes" with "a low rent 3-for imitation that has the transparency of a hooker's come on" with inflated prices, compromised quality and "all the integrity of the Iraq Information Minister".

Keywords: disparagement, illinois, commercial

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