Title 10, Chapter 1, Section 372
( 10-1-372)
(a) A person engages in a deceptive trade practice when, in the
course of his business, vocation, or occupation, he: (1) Passes off goods or services as those of another; (2) Causes likelihood of confusion or of misunderstanding as to
the source, sponsorship, approval, or certification of goods or
services; (3) Causes likelihood of confusion or of misunderstanding as to
affiliation, connection, or association with or certification by
another; (4) Uses deceptive representations or designations of geographic
origin in connection with goods or services; (5) 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; (6) Represents that goods are original or new if they are
deteriorated, altered, reconditioned, reclaimed, used, or
secondhand; (7) 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; (8) Disparages the goods, services, or business of another by
false or misleading representation of fact; (9) Advertises goods or services with intent not to sell them as
advertised; (10) Advertises goods or services with intent not to supply
reasonably expectable public demand, unless the advertisement
discloses a limitation of quantity; (11) Makes false or misleading statements of fact concerning the
reasons for, existence of, or amounts of price reductions; or (12) Engages in any other conduct which similarly creates a
likelihood of confusion or of misunderstanding. (b) In order to prevail in an action under this part, a complainant
need not prove competition between the parties or actual confusion
or misunderstanding. (c) This Code section does not affect unfair trade practices
otherwise actionable at common law or under other statutes of this
state. |