Copyrights and defimation

Capt Quirk

Capt Quirk

Veteran
This might be obvious to some, but I have to ask- As a content creator, I can't legally use anything that is copyrighted, especially if I trash talk them. But how does Subway get away with slamming the burger giants? Is there anything in their approach that might help me down the road?
 
Truth or fact is not defamation, if that is what you are referring to. For an individual/small company, that may still be a daunting task/allegation, as a large corporation could likely break them financially, just defending litigation which you/it may ultimately win/defend. When a court awards costs, you never get 100% back. There are many games that can be played out in legal proceedings. Subway vs the burger giants, they have top lawyers and lots of money. Any costs ultimately absorbed by the shareholders.

(Not legal advice.)
 
It isn't so much "our subs have only 8 grams of fat, their burger has 54...". That would be one thing, but then Jarrod slams them with some insult. That is where the defamation part lies. But thanks for answering that question, it's been bugging me for a few days now.

Just out of curiosity, you guys have Subways down under?
 
Perhaps it is he (Jarrod?) not defaming an individual, but referencing a corporation, a non-living entity. The slamming comments may be an opinion, however, corporation would look to other forms of damages, such as misleading and deceptive conduct or an alleged misrepresentation, etc, etc. Not seen the TVC.

All I know is: The law is an ass. :D
 
yes, we have Subway. I prefer to make my own sand-o-weechy.

Burger King was/is called Hungry Jacks here. Was an issue, from memory, to do with trademark registration. It was a landmark case for IP and TM law, though I can not remember it well enough to reference the facts and findings, in fear of defamation/misleading and deceptive conduct and damages that may ensue, if I get it wrong. jk :D
 
I know you don't have MASH Hoagies, but they blow Subway away, as far as subs go. And Burger King rules the burger roost... again, in my opinion ;)
 
You must log in or register to reply here.
Back
Top