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Illinois Compiled Statutes

Information maintained by the Legislative Reference Bureau
Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide.

Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.

(815 ILCS 510/) Uniform Deceptive Trade Practices Act.

815 ILCS 510/1

    (815 ILCS 510/1) (from Ch. 121 1/2, par. 311)
    Sec. 1. As used in this Act, unless the context otherwise requires:
    (1) "article" means a product as distinguished from a trademark, label or distinctive dress in packaging;
    (2) "certification mark" means a mark used in connection with the goods or services of a person other than the certifier to indicate geographic origin, material, mode of manufacture, quality, accuracy or other characteristics of the goods or services or to indicate that the work or labor on the goods or services was performed by members of a union or other organization;
    (3) "collective mark" means a mark used by members of a cooperative, association or other collective group or organization to identify goods or services and distinguish them from those of others or to indicate membership in the collective group or organization;
    (4) "mark" means a word, name, symbol, device or any combination of the foregoing in any form or arrangement;
    (5) "person" means an individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership, unincorporated association, 2 or more of any of the foregoing having a joint or common interest or any other legal or commercial entity;
    (6) "service mark" means a mark used by a person to identify services and to distinguish them from the services of others;
    (7) "trademark" means a mark used by a person to identify goods and to distinguish them from the goods of others;
    (8) "trade name" means a word, name, symbol, device or any combination of the foregoing in any form of arrangement used by a person to identify his business, vocation or occupation and distinguish it from the business, vocation or occupations of others.
(Source: Laws 1965, p. 2647.)

815 ILCS 510/2

    (815 ILCS 510/2) (from Ch. 121 1/2, par. 312)
    Sec. 2. Deceptive trade practices.
    (a) A person engages in a deceptive trade practice when, in the course of his or her 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 he or she 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 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;
        (12) engages in any other conduct which similarly
creates a likelihood of confusion or misunderstanding.
    (b) In order to prevail in an action under this Act, a plaintiff 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.
(Source: P.A. 92-16, eff. 6-28-01)

815 ILCS 510/3

    (815 ILCS 510/3) (from Ch. 121 1/2, par. 313)
    Sec. 3. A person likely to be damaged by a deceptive trade practice of another may be granted injunctive relief upon terms that the court considers reasonable. Proof of monetary damage, loss of profits or intent to deceive is not required. Relief granted for the copying of an article shall be limited to the prevention of confusion or misunderstanding as to source.
    Costs or attorneys' fees or both may be assessed against a defendant only if the court finds that he has wilfully engaged in a deceptive trade practice.
    The relief provided in this Section is in addition to remedies otherwise available against the same conduct under the common law or other statutes of this State.
(Source: P.A. 81-1509.)

815 ILCS 510/4

    (815 ILCS 510/4) (from Ch. 121 1/2, par. 314)
    Sec. 4. This Act does not apply to:
    (1) conduct in compliance with the orders or rules of or a statute administered by a Federal, state or local governmental agency;
    (2) publishers, broadcasters, printers or other persons engaged in the dissemination of information or reproduction of printed or pictorial matter who publish, broadcast or reproduce material without knowledge of its deceptive character; or
    (3) actions or appeals pending on the effective date of this Act.
    Subsections (2) and (3) of Section 2 do not apply to the use of a service mark, trademark, certification mark, collective mark, trade name or other trade identification that was used and not abandoned before the effective date of this Act, if the use was in good faith and is otherwise lawful except for this Act.
(Source: Laws 1965, p. 2647.)

815 ILCS 510/5

    (815 ILCS 510/5) (from Ch. 121 1/2, par. 315)
    Sec. 5. This Act shall be construed to effectuate its general purpose to make uniform the law of those states which enact it.
(Source: Laws 1965, p. 2647.)

815 ILCS 510/6

    (815 ILCS 510/6) (from Ch. 121 1/2, par. 316)
    Sec. 6. This Act may be cited as the Uniform Deceptive Trade Practices Act.
(Source: Laws 1965, p. 2647.)

815 ILCS 510/7

    (815 ILCS 510/7) (from Ch. 121 1/2, par. 317)
    Sec. 7. If any provision of this Act or the application thereof to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of the Act which can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.
(Source: Laws 1965, p. 2647.)