2021 Georgia Code
Title 10 - Commerce and Trade
Chapter 1 - Selling and Other Trade Practices
Article 15 - Deceptive or Unfair Practices
Part 1 - Uniform Deceptive Trade Practices Act
§ 10-1-372. When Trade Practices Are Deceptive; Common-Law and Other Remedies Unaffected

1. 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.
2. In order to prevail in an action under this part, a complainant need not prove competition between the parties or actual confusion or misunderstanding.
3. This Code section does not affect unfair trade practices otherwise actionable at common law or under other statutes of this state.

(Ga. L. 1968, p. 337, § 2.)

- Criminal penalties for unauthorized reproduction and sale of recorded materials, § 16-8-60.

Criminal penalty for deceptive business practices, § 16-9-50.

Fraud generally, § 23-2-50 et seq.

Misbranding of food generally, § 26-2-28.

Labeling of meat, §§ 26-2-107,26-2-111,26-2-112.

Misbranding of drugs, § 26-3-8.

Misbranding and false advertisement of cosmetics, § 26-3-12 et seq.

Time-share program sales, deceptive practices, § 44-3-185 et seq.

- For comment, "The Georgia Fair Business Practices Act: Business As Usual," see 9 Ga. St. U.L. Rev. 453 (1993).

ANALYSIS

• General Consideration
• Relief

RESEARCH REFERENCES

Am. Jur. 2d.

- 54A Am. Jur. 2d, Monopolies, Restraints of Trade, and Unfair Trade Practices, §§ 1066 et seq., 1104 et seq. 74 Am. Jur. 2d, Trademarks and Tradenames, §§ 82 et seq., 85 et seq.

False Advertising Under Lanham Act, § 43 (a)(1)(B), 44 POF3d 1.

- 87 C.J.S., Trade-Marks, Trade-Names and Unfair Competition, §§ 142, 152, 153, 434 et seq.

- Uniform Deceptive Trade Practices Act (1966 Revision) (U.L.A.) § 2.

- Right to protection against appropriation of advertising matter or methods, 17 A.L.R. 760; 30 A.L.R. 615; 5 A.L.R. Fed. 625.

Statute or ordinance in relation to advertising as interference with interstate commerce, 57 A.L.R. 105; 115 A.L.R. 952.

Right of producer or distributor to protection against use of his containers, 60 A.L.R. 285.

Opportunity of buyer of personal property to ascertain facts as affecting claim of fraud on part of seller in misrepresenting property, 61 A.L.R. 492.

Protection of business or trading corporation against use of same or similar name by another corporation, 66 A.L.R. 948; 72 A.L.R.3d 8; 115 A.L.R. 1241.

Doctrine of secondary meaning in the law of trademarks and of unfair competition, 150 A.L.R. 1067.

Damages recoverable for wrongful registration of trademark, 26 A.L.R.2d 1184.

Commercial competitor's truthful denomination of his goods as copies of designs of another, using designer's name, as trademark infringement, unfair competition, or the like, 1 A.L.R.3d 760.

Rights and remedies with respect to another's use of a deceptively similar advertising slogan, 2 A.L.R.3d 748.

Former employee's duty, in absence of express contract, not to solicit former employer's customers or otherwise use his knowledge of customer lists acquired in earlier employment, 28 A.L.R.3d 7.

Unfair competition by direct reproduction of literary, artistic, or musical property, 40 A.L.R.3d 566.

Validity, construction, and effect of state legislation regulating or controlling "bait-and-switch" or "disparagement" advertising or sales practices, 50 A.L.R.3d 1008.

Validity of pyramid distribution plan, 54 A.L.R.3d 217.

Use of "family name" by corporation as unfair competition, 72 A.L.R.3d 8.

Failure to deliver ordered merchandise to customer on date promised as unfair or deceptive trade practice, 7 A.L.R.4th 1257.

Health provider's agreement as to patient's copayment liability after award by professional service insurer as unfair trade practice under state law, 49 A.L.R.4th 1240.

What goods or property are "used," "secondhand," or the like, for purposes of state consumer laws prohibiting claims that such items are new, 59 A.L.R.4th 1192.

World wide web domain as violating state trademark protection statute or state unfair trade practices act, 96 A.L.R.5th 1.

Copyright, Under Federal Copyright Act (17 USCS § 1 et seq.), in Advertising Materials, Catalogs, and Price Lists, 5 A.L.R. Fed. 625.

Practices forbidden by state deceptive trade practice and consumer protection acts - pyramid or ponzi or referral sales schemes, 48 A.L.R.6th 511.

Judicial remedies for proceeds and funds from Ponzi schemes, 100 A.L.R.6th 281.

Fraudulent representations concerning price, discount, condition, quality, availability or shipping costs of consumer goods and services sold on internet, 38 A.L.R.7th Art. 4.