> A negative ad doesn't fall under trademark law because while customers may
> be getting hoodwinked, the ad does not try to fake out brand names.

Nope but it becomes subject to other laws, in Europe anyway.

It's something I have never understood about the way capitalism is
implemented in the US. If you have money:
 ...you can get out on bail.
 ...you can get treated for your illness.
 ...you can hire attorneys and win most any case.
 ...you can win on smearing your opponent rather than actually
marketing yourself.

I digress, but it does suggest why there's also a difference in patent
litigation (which is what this case started being about).

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