An "intellectual property" is an intangible asset, such as copyright or trademark. Ideas are not protected by intellectual property laws; only the creative expression of the idea can be covered by some intellectual property rights. Intellectual property laws protect artworks and designs while patents cover new inventions.
Slander of title is an intentional tort involving disparagement of title to real property. Slander interferes with one's right to enjoy their land through wrongful use of slanderous words spoken about another person who has a deed or ownership on that piece of ground. By slander someone's title, you are accusing them falsely of having something they do not have on their entire parcel, which can cause damage.
Although slander of title does not involve accusations against the title of the land, slander is recognized as a tort and can be used to force an end to slanderous statements that interfere with someone's enjoyment of their property. Slander and slander of title are intentional torts; they require knowledge on the part of the person making the slanderous statement that what was said is false and does damage to another person's rights in relation to his/her property.
Slander requires a publication which means something must be communicated by express words or action, whereas slander of title only requires publication - it does not have to be slanderous spoken words.
In slander of title cases, courts have recognized certain exceptions from liability for slanderous words regarding interests in real estate titles:
1) Matters communicated in judicial proceedings;
2) Matters communicated in pleadings or other papers filed in court;
3) Statements made by title insurers, abstract companies, and others engaged in the business of preparing or providing information about titles;
4) Statements made to an insured lender by its agent (e.g., bank officer); and
5) Statements made between lawyers representing opposite sides in a lawsuit.
Slander of title cases is rare because slanderous words must be proven to have caused a serious economic injury for someone to win slander of title case. Also, slander is difficult to prove without evidence especially verbal slander because it requires intent, but slander of title can be based only on negligent conduct because slander does not need intent. If you are thinking about filing slander of title cases, there are some words that can help win slander cases. In slander cases, do not use terms such as "liar", "fraud", or "thief". These words indicate malicious intent which will almost always result in a slander claim being thrown out by the judge because they indicate the person making those statements knows them to be false and is trying to intentionally inflict harm on another's reputation. Instead, slanderous terms should be based on behavior rather than character. For example, if a person makes consistent promises and time after time fail to live up to those promises, labels like "failure" or "incompetent" might better prove slanderous fault.
If you have been subject to slanderous statements, make sure slanderous statements are true before you start slander of title case. If slanderous statements are made about your character, be prepared to prove them to make the slander claim stick. You can use slander of title to stop slander if it causes damage.
