Diamonte would be a complete idiot (and that he may indeed be the case with the Jellyman) if he did so.
He would be looking at a significant lawsuit. Diamonte could be liable for the torts of business interference, appropriation of identity, and if he is using the Badger Masonry trademark (e.g., the business name) in the ad - that's trademark misappropriation and dilution.
I can see Andy winding up with title to a house in Madison or Diamonte going the Tomscheboy BK route.
Andy should know how to contact me via email if he wants help in proceeding against anybody placing such disparaging ads against his business.
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