Comment on They made his car "cease & desist"
SomeoneSomewhere@lemmy.nz 23 hours agoIf it was just plain old trademark/copyright law, you’d be right.
It sounds like Tesla are basically saying that you signed an NDA/non-disparagement clause when you bought the vehicle, and therefore it’s a contract dispute.
Doh.
While not a “review” in the traditional sense, I hope it would fall under the CRFA anyway.
ftc.gov/…/consumer-review-fairness-act-what-busin…
The Consumer Review Fairness Act makes it illegal for companies to include standardized provisions that threaten or penalize people for posting honest reviews.
They can’t necessarily use a “contract” as a defense.
I would hope so. CFRA seems to be the only explicit protection.
i don't see that anywhere in the notice and such a clause would be unconscionable, IANAL.
All the notice claims is "violations of [ToS], including misuse of Tesla's trademarks and brand identifiers in media content that falsely implies endorsement, sponsorship, or affiliation with Tesla."
ToS is effectively a contract.
This interpretation of the ToS could be deemed unconscionable, but that seems like the kind of argument that takes a judge and 5-6 figures in legal fees to settle.
An arbitrator is just going to read it, say ‘yup, you broke the rule’, and side with the company.
grue@lemmy.world 19 hours ago
I am sick and tired of the war on our property rights.