18:13
Babycat are you drinking the chemical waters
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Simple English definitions for legal terms
single-source requirement
Read a random definition: CAN-SPAM Act of 2003: Problematic Spamming Techniques
A quick definition of single-source requirement:
A single-source requirement is a rule in false advertising cases where the plaintiff must prove that they are the only supplier of the real product and that buyers would have chosen their product if they knew the truth about the defendant's product. This is a rare exception to the general rule that false advertising only applies to cases of passing off, trade defamation, and trade disparagement.
A more thorough explanation:
The single-source requirement is a legal term used in the common-law tort of false advertising. It refers to the necessity of proving that the plaintiff is the only supplier of the genuine goods in question and that buyers would have purchased the plaintiff's goods if they had known the true nature of the defendant's goods.
For example, let's say that Company A sells organic apples, and Company B sells conventional apples. If Company B falsely advertises their apples as organic, Company A would need to prove that they are the only supplier of organic apples and that customers would have bought their organic apples instead of Company B's conventional apples if they had known the truth.
The single-source requirement is a narrow exception to the common-law rule that the tort of false advertising only applies in cases of passing off, trade defamation, and trade disparagement. It is designed to protect businesses that have invested time and resources into creating a unique product or brand from unfair competition.