Is this slander?

Naffa · 11 Dec 2011 at 00:57

I'll keep it brief. A few years ago, a family came to stay at one of our holiday cottages and unfortunately the neighbour was renovating his kitchen on the day they arrived. They were furious, took about a hundred photographs of next door's garden with all of the junk in it, and proceeded to plaster them over every holiday review website, leaving one star reviews, saying how awful we are, and how bad the house was, etc... You know, the usual.

I know the above isn't slander, but they actually created a YouTube account with the exact name of our business, letter for letter, with correct capitals, and no other figures. They have made a slideshow of the neighbour's garden and uploaded it to said account.

Now, ignoring the fact we should have obviously grabbed the YouTube account first, is there any prospect of making a successful claim to YouTube? I had a read of their policy on doing something along those lines, but it was a bit woolly. I just remember reading somewhere that no one is allowed to use the exact wording of a business if your purpose is to demean its image. I believe it was after I Hate Ryan Air got taken down.

But still, what do you think?

haaammit · 11 Dec 2011 at 00:59

No, it's not slander.

Arnie · 11 Dec 2011 at 01:00

Sound like utter mentals.

qqg3 · 11 Dec 2011 at 01:01

They sound like idiots.

haaammit · 11 Dec 2011 at 01:01

qqg3 said:
They sound like idiots.

Why?

Pudney · 11 Dec 2011 at 01:03

Naffa said:
Now, ignoring the fact we should have obviously grabbed the YouTube account first, is there any prospect of making a successful claim to YouTube? I had a read of their policy on doing something along those lines, but it was a bit woolly. I just remember reading somewhere that no one is allowed to use the exact wording of a business if your purpose is to demean its image. I believe it was after I Hate Ryan Air got taken down.

That was under trademark rules (possibly copyright but don't think so).

Raymond Lin · 11 Dec 2011 at 01:04

Naffa said:
I'll keep it brief. A few years ago.

Your limitation runs out after 1 year so even if it is, a defamation suit is out of the question anyway.

qqg3 · 11 Dec 2011 at 01:05

Quink said:
Why?

Because of their attitude toward the entire situation... A self-catered holiday apartment I was booked to go to in Italy turned out to be a complete buidling site where I got there (due to recent inclement weather). Host accomodated me elsewhere, everything worked out brilliantly and I was understanding of the situation. Not an idiot like these folks.

haaammit · 11 Dec 2011 at 01:08

qqg3 said:
Because of their attitude toward the entire situation... A self-catered holiday apartment I was booked to go to in Italy turned out to be a complete buidling site where I got there (due to recent inclement weather). Host accomodated me elsewhere, everything worked out brilliantly and I was understanding of the situation. Not an idiot like these folks.

So show me where the op did the same then :confused:

op's story says that the tenants/guests/whatever had to lump it. You didn't. Quite different, wouldn't you say?

Naffa · 11 Dec 2011 at 01:09

I didn't mention anything to do with how we dealt with the situation, because I didn't want this kind of argument to start. :rolleyes:

alx · 11 Dec 2011 at 01:20

Quink said:
So show me where the op did the same then

op's story says that the tenants/guests/whatever had to lump it. You didn't. Quite different, wouldn't you say?

Technically the neighbour wasn't doing anything wrong, it was just unfortunate timing. What would you expect to happen? Get a refund because the person next door decided to renovate their kitchen?

I can understand the people being annoyed, but they've just gone to silly levels pettiness.

qqg3 · 11 Dec 2011 at 01:23

Quink said:
So show me where the op did the same then

op's story says that the tenants/guests/whatever had to lump it. You didn't. Quite different, wouldn't you say?

Oh sorry, I think our wires got crossed here.

To be honest, I think the guests are idiots at completely over-reacting to the situation. Although the neighbour sorting out their kitchen sounds like an inconvenience it sounds like the only real problem was the junk causing an unexpected 'eye' sore.

Sure it sucks, but I'm not entirely bothered with how the OP dealt with it or accomodated them in any way.

I'm purely pointing out the fact the guest are idiots for taking hundreds of photos, and posting dozens of bad reviews. Then moreso going to lengths of creating a youtube account is completely idiotic.

haaammit · 11 Dec 2011 at 01:29

Yeah - I see what you are saying, but playing Devil's advocate - renovating a kitchen doesn't just involve a bit of an eyesore - there will be banging, hammering, power tools buzzing, demolition, brick dust, tile saws, muck mixers, cursing (always is on a building site) etc etc et al.

If I had to put up with that on my only holiday with my family for the year, I'd be pretty annoyed.

Anyway - back on topic - no, it's still not slander, and without knowing all the facts, the occupants can't be described as idiots

Aedus · 11 Dec 2011 at 01:34

^ It depends how the issue was handled. IF the issue was handled correctly by the OP then I don't see a reason for them to be extremely petty over this, but it seems like they have a serious grudge against him, which isn't as simple as rubbish being in the next garden.

But to answer the question, no I don't think it's "slander" and I doubt there is anything Youtube will do to help you as it's not copy writed material and there is nothing wrong that they have done against their TOS. You may as well ask, but don't expect anything to happen.

[FnG]magnolia · 11 Dec 2011 at 02:13

If you have some holiday cottages you should probably have some legal representation. Have you asked them what they think?

Stretch · 11 Dec 2011 at 02:18

I'd be very surprised if there wasn't some form of legal action you could take with regards to them using your company name. I'm sure a letter from a solicitor would resolve the issue quickly.

sniffy · 11 Dec 2011 at 04:03

Is the youtube video a recent development? If they visited years ago and still feel that bitter about the whole experience then that is pretty hilarious.

billyboyd · 11 Dec 2011 at 06:02

Some right bitter twisted nutjobs about but i bet if it wasn't the neighbours garden it would have been something else.

As for Youtube report it, i have heard of accounts getting dealt with before.

hurfdurf · 11 Dec 2011 at 06:09

How did you handle it out of interest? If it was poorly and this is their revenge LOL

Why don't you "rebrand" your image if this troll on your company is having such an affect?

Jay794 · 11 Dec 2011 at 07:22

Regarding the Youtube page, there may be something you can do. When the internet started to get big, smart people were buying up website names like Tesco.com before the company had a chance to register them, then they would sell the domain name to the company for thousands.

This continued until it was decided (I think a law passed) stating that you own all the copyright and trademarks to a name even if you don't officially register it in every format

e.g. if someone starts a business called Apple, then Apple can (and have) sent cease and desist letter to that company telling them to change their name and possibly logo.

However, that does not mean that 2 companies cannot exist with the same name and or similar logos, I think it depends how petty said company wants to be about the thing.