Legal Question in Intellectual Property in Colorado

A defamatory statement is a statement that causes or potentially causes the public to think less of the person/entity who is the subject of the statement. If the statement is true, then the person making the statement has an absolute defense to a defamation action; however, that a defense exists does not prevent the person/organization about which the statement was made from bringing a lawsuit.

A trademark infringement action can indeed be brought based on a defamatory (as opposed to a "negative") statement; the statement affects the value of the mark and the perception of the business in the community in which it does business. Again, if the defamatory statement is true, the person/entity making that statement has a defense. That a defense exists does not prevent the defamed party from bringing the lawsuit; the truth of the statement is a matter for the factfinder in the case to determine.

This is the third question relating to this matter that I have responded to, and we're getting into law-student territory with this question. No more. You've exhausted your goodwill at this point. You/your friend need(s) to hire an attorney to handle this matter.

THIS POST CONTAINS GENERAL INFORMATION AND IS INTENDED FOR ENTERTAINMENT PURPOSES ONLY. IT DOES NOT CONSTITUTE LEGAL ADVICE, NOR DOES IT CREATE ANY ATTORNEY-CLIENT RELATIONSHIP. FOR LEGAL ADVICE ON YOUR PARTICULAR MATTER, CONSULT YOUR ATTORNEY.