Imperial Design v. Cosmo's Designer Direct

State: Illinois

Docket No: 103331 Rel

Case Date: 02/07/2008

Preview:Docket No. 103331.

IN THE SUPREME COURT OF THE STATE OF ILLINOIS

IMPERIAL APPAREL, LTD., et al., Appellees, v. COSMO'S DESIGNER DIRECT, INC., et al. Appellants. Opinion filed February 7, 2008.

JUSTICE KARMEIER delivered the judgment of the court, with opinion. Justices Freeman, Fitzgerald, Kilbride, Garman, and Burke concurred in the judgment and opinion. Chief Justice Thomas took no part in the decision.

OPINION Imperial Apparel, Ltd. (Imperial); its owner, Paul Rosengarten; and an Imperial employee named Cyril Rosengarten brought an action in the circuit court of Cook County against Cosmo's Designer Direct, Inc. (Cosmo's), and the Chicago Sun-Times (the Sun-Times) alleging that an advertisement for Cosmo's published by the Sun-Times constituted defamation per se, defamation per quod, false light invasion of privacy and commercial disparagement. Imperial and the Rosengartens further alleged that Cosmo's conduct violated the Consumer Fraud and Deceptive Business Practices Act (the Consumer Fraud Act) (815 ILCS 505/1 et seq. (West 2004)). The Sun-Times filed a motion pursuant to section 2

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