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Trademarks and their limitsTrademarks and their limitsPosted Feb 6, 2013 16:24 UTC (Wed) by ThinkRob (subscriber, #64513)In reply to: Trademarks and their limits by waucka Parent article: Trademarks and their limits
Hm, that might make for an interesting avenue of attack for a particularly daring attorney, but as you said it might be tricky when it's an organization's product being tarnished. Perhaps you could get one of the more prominent authors to claim that it was besmirching his good name by giving people the impression that he was in some small part responsible for the adware?
Of course that would also depend on the litigation happening in a place where libel suits aren't incredibly difficult to win in and of themselves (and from what I understand, the US is not such a place.)
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Trademarks and their limits Posted Feb 8, 2013 16:18 UTC (Fri) by giraffedata (subscriber, #1954) [Link] The fact that it's an organization being defamed instead of an individual is not a problem. While the protection against statements that hurt your personal relationships wouldn't apply (the classic example is accusing a woman of being promiscuous), the usual case (the only one possible in many jurisdictions) is a statement that hurts your business relationship. That would apply to something like OpenOffice.But I'm pretty sure slander and libel laws have never been used for things other than direct statements about the subject. Preventing someone from tarnishing your reputation by selling inferior products is exactly what trademark law is for.
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