trade disparagement
trade disparagement. The common-law tort of belittling someone’s business, goods, or services with a remark that is false or misleading but not necessarily defamatory. • To succeed at the action, a plaintiff must prove that (1) the defendant made the disparaging remark; (2) the defendant intended to injure the business, knew that the statement was false, or recklessly disregarded whether it was true; and (3) the statement resulted in special damages to the plaintiff, usu. by passing off. — Also termed commercial disparagement; product disparagement; injurious falsehood. Cf. trade defamation under DEFAMATION.
