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Defamation Cases, Defense and Litigation
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  • Have You Been A Victim of Defamation?
    • STATUTE OF LIMITATIONS IN NEW YORK
    • DEFAMATION DEFINED & HOW IT IS INTERPRETED UNDER THE LAW
    • DEFAMATION PER SE
    • FALSE FACTS
    • MIXED OPINION
    • SLANDER IN NEW YORK
  • Understanding How Defamation Works in New York
    • Understanding LIBEL in New York
    • Understanding TRUTH in this type of case
    • Understanding PRIVILEGE & ABSOLUTE PRIVILEGE
    • Understanding QUALIFIED PRIVILEGE in New York
    • Understanding PURE OPINION in these types of cases.
    • Understanding TRADE LIBEL in New York
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UNDERSTANDING DEFAMATION AND THE LEGAL RIGHTS ON DEFAMATORY CONTENT

Understanding Trade Libel in New York

Trade libel, although closely related to libel per se, is not the same.  Trade libel is the knowing publication of false and derogatory material regarding another’s business, that is calculated to prevent others from doing business with the defamed party or otherwise interferes with its business relationships.

A person alleging trade libel must establish that the publication of the false material was a substantial factor in inducing others not to have business dealings with them.  Though they are similar, trade libel requires proof of special damages, while libel per se, even if based on disparagement of the person’s business, requires no proof of special damages.  As with any claim for defamation, a cause of action for trade libel is defeated by a showing that the published statements are substantially true.

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Use of this website does not create an attorney/client relationship. The information contained herein is in the form of legal education and is intended to provide general information, it is not meant to be, nor is it, legal advice.

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