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91_HB0969
LRB9102773DJcd
1 AN ACT to amend the Uniform Deceptive Trade Practices Act
2 by changing Section 2.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Uniform Deceptive Trade Practices Act is
6 amended by changing Section 2 as follows:
7 (815 ILCS 510/2) (from Ch. 121 1/2, par. 312)
8 Sec. 2. A person engages in a deceptive trade practice
9 when, in the course of the person's his business, vocation or
10 occupation, the person he:
11 (1) passes off goods or services as those of another;
12 (2) causes likelihood of confusion or of
13 misunderstanding as to the source, sponsorship, approval or
14 certification of goods or services;
15 (3) causes likelihood of confusion or of
16 misunderstanding as to affiliation, connection or association
17 with or certification by another;
18 (4) uses deceptive representations or designations of
19 geographic origin in connection with goods or services;
20 (5) represents that goods or services have sponsorship,
21 approval, characteristics, ingredients, uses, benefits or
22 quantities that they do not have or that a person has a
23 sponsorship, approval, status, affiliation or connection that
24 the person he does not have;
25 (6) represents that goods are original or new if they
26 are deteriorated, altered, reconditioned, reclaimed, used or
27 secondhand;
28 (7) represents that goods or services are a particular
29 standard, quality or grade or that goods are a particular
30 style or model, if they are of another;
31 (8) disparages the goods, services or business of
-2- LRB9102773DJcd
1 another by false or misleading representation of fact;
2 (9) advertises goods or services with intent not to sell
3 them as advertised;
4 (10) advertises goods or services with intent not to
5 supply reasonably expectable public demand, unless the
6 advertisement discloses a limitation of quantity;
7 (11) makes make false or misleading statements of fact
8 concerning the reasons for, existence of or amounts of price
9 reductions;
10 (12) engages in any other conduct which similarly
11 creates a likelihood of confusion or of misunderstanding.
12 In order to prevail in an action under this Act, a
13 plaintiff need not prove competition between the parties or
14 actual confusion or misunderstanding.
15 This Section does not affect unfair trade practices
16 otherwise actionable at common law or under other statutes of
17 this State.
18 (Source: P.A.79-1365)