I regularly get calls from clients both inside and outside the entertainment industry telling me about a bad review they received online somewhere and that they want to sue the speaker for defamation. Hopefully, you all just groaned much like I do when I get these calls because we know that it is an uphill battle at best.
However, we did receive some guidance in the recent New Jersey decision Gillon v. Bernstein. The decision outlined the differences between related causes of action: defamation, commercial disparagement and false light invasion of privacy. In the decision, Judge Martini also discusses the fine line between non-actionable disparagement and actionable defamation as well as the importance of whether the business is closely-held.
The next time I get that call, this case will be top of mind when I have to explain to the client what can and cannot be done given the specific circumstances of their situation.
For more information, see http://www.trademarkandcopyrightlawblog.com/2017/03/how-to-disparage-but-not-defame-your-wedding-planner/.