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I might not be board certified and my posts are not legal advice to anyone nor I have presumed to do so. I was a law student in my earliest years and know some about trade law because that is what the firm I worked for did.
Trade libel is the intentional disparagement of the quality of property. "Unlike classic defamation, [the defamatory statements] are not directed at the plaintiff[base ']s personal reputation, but rather at the goods a plaintiff sells or the character of his or her business, as such." Guess v. Superior Court , 176 Cal.App.3d 473, 479 (1985). The disparagement must result in pecuniary damage to the plaintiff. The disparagement may be in the form of a false statement of fact or opinion. (see 5 Witkin Sum. Cal. Law Torts §573, citing Rest.2d, Torts §§626)
Research those cases and research the Lanham Act, I think you will be surprised how wrong your assumptions are. Besides your post is OT.
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