Tag Archives: IP

Underused Tort of Injurious Falsehood

The tort of injurious falsehood (also known as trade libel) consists of the malicious publication of a falsehood concerning the plaintiff that leads other persons to act in a manner that causes actual loss, damage, or expense to the plaintiff. Injury to reputation is not a necessary element to this tort.

Claims for injurious falsehood often arise in the context of comparative advertising. The tort may also be characterized as commercial disparagement, slander or title, or malicious falsehood depending on the context of the publication.