Does Drudge have a libel claim against K Street?
In addition to trademark and copyright claim, Drudge might also have a suit for libel against “K Street.” Where’s the libel claim here? It’s simple: Carville suggested on “K Street” that Drudge intentionally published a false statement implying Matalin might be a criminal, when he knew “damn well” that the leaker was not Matalin. Put more simply, Carville arguably accuses Drudge of libeling Matalin. And accusing someone — especially a journalist — of a libel, can itself be a libel. However, because “K Street” straddles the news/entertainment boundary, a libel suit may somewhat be in tension with Drudge’s trademark and copyright claim. For while news shows get sued frequently for libel, they are rarely sued for copyright or trademark infringement. Conversely, while entertainment shows may face infringement claims, they don’t often get hit with libel suits. The dual nature of “K Street” also means a libel case could be an uphill battle. Libel requires a “false statement of fact,” and e