Commercial Disparagement Found

A Massachusetts court has granted an injunction, finding that statements about a food and wine festival support a Chapter 93A claim of commercial disparagement.

WHY THIS IS IMPORTANT…The case was based on false advertising. Massachusetts recognizes liability if a defendant (1) published a false statement to a person other than the plaintiff; (2) of and concerning the plaintiff’s products or services; (3) with knowledge of the statement’s falsity or reckless disregard for its truth or falsity; (4) where pecuniary harm to the plaintiff’s interests was intended or foreseeable; and (5) such publication resulted in special damages in the form of pecuniary loss. Under Chapter 93A, liability may include multiple damages and attorneys’ fees in addition to actual damages.