Business defamation—also known as business disparagement, business and commercial disparagement, or trade libel—is a claim or cause of action for damages that may be made by a business when another person or entity has defamed the business—usually by making untrue statements of fact, whether spoken (slander) or written (libel), that damage the business.
Business defamation laws vary from state to state but the elements of a business defamation claim are generally:
• the defendant published false and disparaging information about the plaintiff;
• the defendant published the words with malice;
• the defendant published the words without privilege; and
• the publication caused special damages.
Special damages are economic damages, such as lost income.
And if the plaintiff proves the defendant published false, disparaging information, and caused the plaintiff to suffer actual damages, the plaintiff is also entitled to recover exemplary damages from the defendant.
Business defamation laws may be located in a state’s statutes or in its court opinions (common law or case law).
In New Mexico, business defamation, also known as trade libel or business disparagement, is a legal claim that a business can make if another party has made false statements that harm the business's reputation. The elements required to establish a business defamation claim in New Mexico typically include proving that the defendant published false and disparaging information about the business, did so with malice, without any privilege, and that this publication caused the business to suffer economic losses, known as special damages. If a business can demonstrate that these elements are met, it may be entitled to recover actual damages for the harm caused. Additionally, if the plaintiff proves the defendant's conduct was particularly egregious, exemplary (punitive) damages may also be awarded. Business defamation laws in New Mexico can be found in state statutes as well as in common law, which is developed through court decisions. It is important for businesses considering a defamation claim to consult with an attorney to understand the specific requirements and legal nuances involved.