Deceptive trade practices

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§1212. Deceptive trade practices

1.  Lists.  A person engages in a deceptive trade practice when, in the course of his business, vocation or occupation, he  

A. Passes off goods or services as those of another;   [PL 1969, c. 503 (NEW).]

B. Causes likelihood of confusion or of misunderstanding as to the source, sponsorship, approval or certification of goods or services;   [PL 1969, c. 503 (NEW).]

C. Causes likelihood of confusion or of misunderstanding as to affiliation, connection or association with, or certification by, another;   [PL 1969, c. 503 (NEW).]

D. Uses deceptive representations or designations of geographic origin in connection with goods or services;   [PL 1969, c. 503 (NEW).]

E. 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;   [PL 1969, c. 503 (NEW).]

F. Represents that goods are original or new if they are deteriorated, altered, reconditioned, reclaimed, used or secondhand;   [PL 1973, c. 625, §53 (AMD).]

G. 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;   [PL 1969, c. 503 (NEW).]

H. Disparages the goods, services or business of another by false or misleading representation of fact;   [PL 1969, c. 503 (NEW).]

I. Advertises goods or services with intent not to sell them as advertised;   [PL 1969, c. 503 (NEW).]

J. Advertises goods or services with intent not to supply reasonably expectable public demand, unless the advertisement discloses a limitation of quantity;   [PL 1969, c. 503 (NEW).]

K. Makes false or misleading statements of fact concerning the reasons for, existence of or amounts of, price reductions; or   [PL 1969, c. 503 (NEW).]

L. Engages in any other conduct which similarly creates a likelihood of confusion or of misunderstanding.   [PL 1969, c. 503 (NEW).]

[PL 1973, c. 625, §53 (AMD).]

2.  Complaint.  In order to prevail in an action under this chapter, a complainant need not prove competition between the parties or actual confusion or misunderstanding.  

[PL 1969, c. 503 (NEW).]

3.  Application.  This section does not affect unfair trade practices otherwise actionable at common law or under other statutes of this State.  

[PL 1969, c. 503 (NEW).]

SECTION HISTORY

PL 1969, c. 503 (NEW). PL 1973, c. 625, §53 (AMD).


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