Trade libel in competitive markets
When commercial falsehoods stop being “rough competition” and become actionable speech.
Rivalry is expected. False statements about products, safety, or business practices that divert customers are not.
Trade libel and related commercial theories require careful pleading: specificity of the statement, falsity, and demonstrable commercial injury. Vague industry gossip rarely clears the bar; targeted retailer outreach with fabricated claims often does.
Early injunctive practice can matter as much as damages. Once a false product narrative embeds with distributors, undoing it is far harder than stopping the next email.
We advise clients to document lost deals, retailer communications, and the path of the false statement—because commercial injury is proven in paper trails, not adjectives.