date:Sep 14, 2012
at was a triable issue of fact as to the falsity of the broadcast.
That left the justices with the job of deciding if proving a trade libel meant plaintiffs had to prove something false was said.
To establish a claim of product disparagement, also known as trade libel, a plaintiff must allege that the defendant published a knowingly false statement harmful to the interests of another and intended such publication to harm the plaintiff's pecuniary interest, the appeals court wrote.
Apple grow