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Opinion is a defense recognized in nearly every jurisdiction. If the allegedly defamatory assertion is an expression of opinion rather than a statement of fact, defamation claims usually cannot be brought because opinions are inherently not falsifiable. However, some jurisdictions decline to recognize any legal distinction between fact and opinion. The United States Supreme Court, in particular, has ruled that the First Amendment does not require recognition of an opinion privilege.
The Blah Blah Blah Sucks
The Blah Blah Blah Sucks In My Opinion
I should pretty much be completely in the clear, right?
I guess that depends on their complaint. Are they accusing you of slander or of trademark infringement?
The fact that they asked you to re-title and take the name out of the URL it makes me think their issue is with you using the brand name, not with you slandering it.
The changes you offered would address Slander but not Trademark issues.
Either way I am of the opinion that you are fine all around as is.
I'd be suspicious of a cease and desist notice that misunderstands the difference between slander and libel. Is the letter from an individual, a company, or an attorney?
"change the title because it's slanderous."
I definitely do get the feeling though that it's mostly just an attempt at scaring me into deleting a post that ranks extremely well for searches containing this product's name.
Nope they are all about the slander aspect of it. They literally said "change the title because it's slanderous."
I would follow up with a blog post outlining this farce!
I would change it to "blah blah blah REALLY SUCKS" and then add some facts about how they contacted you to change the title... =)
Change nothing, to do so partly admits that maybe they are right.
Besides, how seriously can you take an attorney that doesn't know slander from libel?