[§481A-3]  Deceptive trade practices. 
(a)  A person engages in a deceptive trade practice when, in the course of the
person's business, vocation, or occupation, the person:



(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 the person 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 chapter, a complainant need not prove competition between the parties or
actual confusion or misunderstanding.



(c)  This section does not affect unfair trade
practices otherwise actionable at common law or under other statutes of this
State. [L 1969, c 187, pt of §1; gen ch 1985]



 



Cross References



 



  Cybersquatting, see §§481B-21 to 25.



 



Case Notes



 



  No "likelihood of confusion" found.  399 F. Supp.
604; 5 H. App. 194, 683 P.2d 1220.



  Plaintiff's likelihood of confusion allegations may support
both §§480-2 unfair methods of competition and 481A [sic] deceptive acts or
practices claims.  945 F. Supp. 1344.