What is an instance of trade libel?
In South Carolina, trade libel is a form of defamation that occurs when an individual or business makes false and disparaging statements about a person or company’s products or services that causes that person or company to suffer financial harm. An example of trade libel would be if a business competitor were to make a false statement that a certain product or service was inferior in quality or unsafe to use, even when there is no evidence to support the claim. This statement would damage the business of the person or company whose product or service was being vilified, as potential customers would be dissuaded from buying it. In such a case, trade libel could be proven in court if a plaintiff can prove that the false statement was made, that the statement caused them financial harm, and that the statement was made with a reckless disregard as to whether the statement was true or not.
Related FAQs
Who regulates art law?What is the right of integrity?
How do I file a copyright infringement lawsuit?
How do I register my artwork as a trademark?
What is the difference between a ‘license’ and a ‘sale’ of artwork?
What is a limited exclusive license?
What is the difference between copyright, trademark, and patent law?
What is a transfer of copyright?
What is art investment law?
What is the U.S. Visual Arts Rights Act?
Related Blog Posts
Protect Your Art Through Art Law: Understanding the Basics - July 31, 2023Leveraging Art Law Regulations to Safeguard Your Creative Works - August 7, 2023
How to Structure Art Law Contracts - August 14, 2023
Art Law Trademarks and What You Need to Know - August 21, 2023
How to Negotiate Art Law Agreements with Clients - August 28, 2023