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Comment: Lanham act, trade libel (Score 1) 686

by tz (#32061002) Attached to: Steve Jobs Hints At Theora Lawsuit

With the SCO mess and Groklaw I remember reading that it is actionable libel to claim bad IP in the form of FUD. There may be better references but here is one:

http://blog.ebusinesslawgroup.com/labels/Libel.html

But the Lanham Act provides a remedy for something called "trade libel". It says, in pertinent part, the following:

"Any person who...in connection with any goods or services...uses in commerce any...false or misleading description of fact, which...in commercial advertising or promotion, misrepresents the nature, characteristics, or qualities...of his or her or another person's goods, services or commercial activities...shall be liable in a civil action by any person who believes that he or she is likely to be damaged by such act."

Did you read that carefully?

Read it again.

What it essentially means that if someone in your company says something misleading or false about another company, you could be in BIG trouble.

If it really was Steve Jobs, I think Xiph and maybe others would have a claim. I'd support a lawsuit. The depositions could get very interesting.

At least it would stop the rumbling and FUD and make them put-up or shut-up.

Suggest you just sit there and wait till life gets easier.

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