- posted: Mar. 15, 2025
- Todd McMurtry
- Business Litigation
- Business Litigation, Commercial disparagement, Defendants
Commercial disparagement, also known as trade libel, is a cause of action by which a business can seek damages when false and damaging statements about its products, services or overall operations cause economic harm. The core elements of a claim typically include a public false statement, the presence of malice or intent to cause harm and demonstrable financial damage to the business.
Commercial disparagement can occur through written publications, spoken statements, digital communications, advertisements and even social media posts. If a competitor claims that a company’s product is defective or unsafe or alleges unethical business practices without a factual basis, these statements can damage the company’s brand and diminish customer goodwill, leading to loss of revenue. Rapid spread of information online increases the potential impact of disparaging statements.
Although commercial disparagement and business defamation have similarities, such as the underlying falsity of the statements made, there are key differences. Defamation is damage to the reputation of a company or its owners, whereas commercial disparagement is injury to the company’s economic interests. In business defamation cases, harm to reputation often presumed. In contrast, plaintiffs in commercial disparagement cases must provide concrete evidence of a direct link between the disparaging remark and the financial damage incurred.
Companies suing for commercial disparagement can seek compensatory damages, covering actual financial losses directly caused by the disparaging statements. These can include lost profits, decreased sales and harm to business relationships. In cases where malice or fraudulent intent is proven, punitive damages may also be awarded to punish the offending party and deter similar conduct in the future. Additionally, injunctive relief may be sought to prevent further dissemination of the false information.
Defendants in commercial disparagement lawsuits have several potential defenses. Truth is the most powerful defense; if the statement in question is factually accurate, it cannot be considered disparagement. Another defense is privilege, where certain communications are protected due to the context in which they are made, such as in legal proceedings or governmental reports. Additionally, the defense of opinion may apply if the statement is clearly a subjective view rather than a factual assertion. Lack of malice or intent to harm can also be a defense, asserting the statement was made negligently rather than with deliberate intent to damage the business.
About Finney Law Firm, LLC
Founded in 2014, FLF has grown to 15 attorneys located in offices in Eastgate and downtown Cincinnati with five major practice areas: Corporate Law, Real Estate Law, Employment Law, Commercial Litigation and Public Interest and Constitutional Litigation. FLF has the unique claim to three 9-0 victories at the United States Supreme Court for its public interest practice along with breakthrough class action work.
FLF also has an affiliated title insurance company, Ivy Pointe Title, LLC, that closes and insures nearly a thousand commercial and residential real estate transactions annually.
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