Legal Question in Business Law in California

Business Disparagement

What are the elements which need to be proven in California to succeed at a claim for business disparagement? If a business or network is causing business disparagement, slander, defamation to another business, what codes does this violate (Business and Professions Code, etc..)?


Asked on 4/28/03, 2:43 pm

2 Answers from Attorneys

Jason Hsu Una Law Corporation

Re: Business Disparagement

You may bring a variety of tort actions for the intentional disparagment of your business name. Depending on the amount of damages, you will have to evaluate the practicality of a lawsuit.

We can likely assist you with your case and we hope this information has been helpful to you; yet, without more information regarding the facts of your case, it is difficult to evaluate your case thoroughly. If you are in the Northern or Southern California areas, please contact us or email us at www.unalaw.com if we can be of further assistance.

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Answered on 4/28/03, 7:19 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Business Disparagement

The term 'business disparagement' does not seem to be much used in California. I would venture to say this tort is not recognized under this name. The more likely causes of action in California would be the following, each of which might cover aspects of business disparagement:

Libel

Slander

Trade Libel

Unfair Competition, B&P 17200 et seq.

False Advertising, B&P 17500 et seq.

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Answered on 4/28/03, 9:38 pm


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