High Country Fashions, Inc. v. Marlenna Fashions, Inc., 44309
Citation | 257 Ga. 267,357 S.E.2d 576 |
Decision Date | 08 July 1987 |
Docket Number | No. 44309,44309 |
Parties | HIGH COUNTRY FASHIONS, INC. et al. v. MARLENNA FASHIONS, INC. |
Court | Supreme Court of Georgia |
Daniel I. MacIntyre, IV, Edward H. Saunders, MacIntyre and Weyant, Atlanta, for High Country Fashions, Inc., et al.
Gregory T. Presmanes, James G. Jackson, Hines & Lowendick, P.C., Atlanta, for Marlenna Fashions, Inc.
The appellee, Marlenna Fashions, Inc., filed a complaint against the appellant, High Country Fashions, Inc., et al., in which, inter alia, it asserted that the appellants committed tortious, unfair, and deceptive acts or practices in the conduct of their business with the intent to harm the appellee. The deceptive acts or practices allegedly included making disparaging statements to prospective customers of the appellee regarding the appellee's business, publishing materials which contained untrue misleading statements and other false information, and giving other false information to prospective customers. The appellee alleged that such practices violated OCGA Sec. 10-1-372(a)(8) and (12), thereby entitling the appellee to an injunction to prevent continuing violations of the provisions of the Uniform Deceptive Trade Practices Act. An interlocutory injunction was granted in which the appellants were "ordered, restrained and enjoined, jointly and severally, from making or distributing any false or misleading statements, whether orally or in writing, concerning the [appellee] pending final adjudication of all issues in the above-styled action ..." We reverse.
In upholding an injunction to restrain publication of libelous material, this court cited Pittsburgh Press Co. v. Pittsburgh Comm. on Human Relations, 413 U.S. 376, 390, 93 S.Ct. 2553, 2561, 37 L.Ed.2d 669 (1973) for the proposition that " 'it has never been held that all injunctions (against publication) are impermissible.' " Retail Credit v. Russell, 234 Ga. 765, 779, 218 S.E.2d 54 (1975). The injunction upheld in that case was entered subsequent to a verdict in which a jury found that statements made by Retail Credit were false and defamatory. Id. at 778, 218 S.E.2d 54.
Two years later, then Justice Marshall, now Chief Justice Marshall writing for the court reversed an interlocutory injunction and stated that ...
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