(a) A person engages in a deceptive trade practice when, in the course of his business, vocation, or occupation, he: (1) passes off goods or services as those of another; (2) causes likelihood of confusion or of misunderstanding as to the source, sponsorship, approval, or certification of goods or services; (3) causes likelihood of confusion or of misunderstanding as to affiliation, connection, or association with, or certification by, another; (4) uses deceptive representations or designations of geographic origin in connection with goods or services; (5) represents that goods or services have sponsorship, approval, characteristics, ingredients, uses, benefits, or quantities that they do not have or that a person has a sponsorship, approval, status, affiliation, or connection that he does not have; (6) represents that goods are original or new if they are deteriorated, altered, reconditioned, reclaimed, used, or secondhand; (7) represents that goods or services are of a particular standard, quality, or grade, or that goods are of a particular style or model, if they are of another; (8) disparages the goods, services, or business of another by false or misleading representation of fact; (9) advertises goods or services with intent not to sell them as advertised; (10) advertises goods or services with intent not to supply reasonably expectable public demand, unless the advertisement discloses a limitation of quantity; (11) makes false or misleading statements of fact concerning the price of goods or services or the reason for, existence of, or amount of, a price reduction; (12) engages in any other conduct which similarly creates a likelihood of confusion or of misunderstanding.
If any provision of this Act or its application to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of the Act which can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable. upd.cc
Below is the of the 1966 Revised Uniform Deceptive Trade Practices Act as approved by the Uniform Law Commission (ULC). This is the model act that states base their laws on. UNIFORM DECEPTIVE TRADE PRACTICES ACT (1966) SECTION 1. [Definitions] As used in this Act: (1) “person” includes an individual, corporation, government, or governmental subdivision or agency, business trust, estate, trust, partnership, unincorporated association, two or more of any of the foregoing having a joint or common interest, or any other legal or commercial entity; (2) “goods” include any property, tangible or intangible, real, personal, or mixed, and any other article, commodity, or thing of value wherever situated. (a) A person engages in a deceptive trade
This Act may be cited as the Uniform Deceptive Trade Practices Act. This is the model act that states base their laws on
(a) A person likely to be damaged by a deceptive trade practice of another may be granted an injunction against it under the principles of equity and on terms the court considers reasonable. Proof of monetary damage, loss of profits, or intent to deceive is not required. (b) The court may award attorneys’ fees to the prevailing party if (i) the party complaining of a deceptive trade practice has brought an action which he knew to be groundless, or (ii) the party charged with a deceptive trade practice has willfully engaged in the practice knowing it to be deceptive. The court may order, in its discretion, that the complainant recover the costs of the action, including reasonable attorneys’ fees, if the court finds that the defendant has willfully engaged in a deceptive trade practice. (c) The relief provided in this section is in addition to remedies otherwise available against the same conduct under the common law or other statutes of this State.