(My bold throughout.)
Copyright infringement
This must be for using their video in his video. https://www.copyright.gov/title17/92chap1.html#107
[T]he fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright.
Defamation by implication
https://dictionary.nolo.com/defamation-by-implication.html
An injury to reputation that's caused when literally true factual statements create a false impression. While the elements of defamation by implication vary from state to state, in general, it requires proof that the speaker:
- published true statements in a way that implied something defamatory, or
- implied something defamatory by omitting facts, and
- intended the defamatory implication.
https://www.law.cornell.edu/wex/defamation
To prove prima facie defamation, a plaintiff must show four things: 1) a false statement purporting to be fact; 2) publication or communication of that statement to a third person; 3) fault amounting to at least negligence; and 4) damages, or some harm caused to the reputation of the person or entity who is the subject of the statement.
False advertising
https://www.law.cornell.edu/wex/false_advertising
To bring a claim for false advertising, the plaintiff must show:
- The defendant made false or misleading statements as to their own products (or another’s);
- Actual deception occurred, or at least a tendency to deceive a substantial portion of the intended audience;
- The deception is material in that it is likely to influence purchasing decisions;
- The advertised goods travel in interstate commerce; and
- There was a likelihood of injury to the plaintiff.
Violating the Florida Deceptive and Unfair Trade Practices Act
To prove a case of unfair and deceptive trade practices in Florida, a plaintiff must generally show the following elements:
- A deceptive act or unfair practice: The plaintiff must demonstrate that the defendant engaged in a deceptive or unfair act or practice in the conduct of trade or commerce;
- Causation: The plaintiff must show that the deceptive or unfair act caused the plaintiff to suffer some type of harm. This harm can be economic, such as a loss of money or property, or non-economic, such as emotional distress; and
- Actual damages: The plaintiff must prove that they suffered actual damages due to the defendant’s deceptive or unfair act, such as out-of-pocket expenses, lost profits, and other economic losses.
Tortious interference with business relationships
https://feldman.law/news/what-is-tortious-interference-with-a-business-relationship/
Tortious interference with prospective economic advantage occurs when a third party or another individual or entity with outside influence interferes with an informal relationship that could create an expectation of economic advantage. To lodge a claim for interference with prospective economic advantage, the following elements must be proven:
- The business had a relationship with another business or individual.
- An outside (third) party knew this relationship existed.
- The outside party purposefully and by wrongful means disrupted that business relationship.
- The outside party’s interference with the business relationship caused harm.
Improper conduct by an outside party that affects business relationships and/or contractual agreements can include:
...
- Fraud
...
- Misrepresentation
Unjust enrichment
https://www.law.cornell.edu/wex/unjust_enrichment
Unjust enrichment occurs when Party A confers a benefit upon Party B without Party A receiving the proper restitution required by law.
Civil conspiracy
https://www.turnpikelaw.com/what-is-civil-conspiracy/
It’s called civil conspiracy, and it happens when there is an agreement amongst people to commit a fraudulent, wrongful or deceitful act, any of which would constitute a business tort. The parties must all know that they are participating in a planned wrongful act.
Trade libel
https://www.gibbonslawalert.com/2023/11/01/is-it-defamation-or-trade-libel/
[T]rade libel requires that the publication be “concerning plaintiff’s business, property or product.” ... [T]rade libel always requires proof of actual malice (i.e., that the statement was made with knowledge of falsity or a high degree of awareness of probable falsity), ...