Competing companies are spreading false information about my company. How can I counteract this?
April 5, 2023 | 30,00 EUR | answered by Greta Kleine
Dear Competition Law Attorney,
My name is Marie Weber and I run a small company specializing in the manufacturing and distribution of handmade furniture pieces. Lately, I have noticed that competing companies are spreading false information about my company. These false claims are damaging my reputation and could deter potential customers.
For example, the competing companies claim that my furniture pieces are of inferior quality or that I engage in unethical business practices. These false claims are not only frustrating but could also have long-term effects on my business success. I am very concerned about how to address this defamation and how to restore my good reputation.
Could you please provide me with advice on how I can legally combat the dissemination of false information by my competitors? Are there ways to obtain a cease and desist order for defamation or to pursue claims for damages? I am unsure of the best course of action in this situation and would like to know what legal steps I can take to protect my company.
Thank you in advance for your help and guidance.
Sincerely,
Marie Weber
Dear Mrs. Weber,
Thank you for your inquiry regarding the dissemination of false information about your company by competing businesses. It is understandable that you are concerned about the impact of these defamations on your reputation and business success. As a lawyer specializing in competition law, I can provide you with some advice on how to legally address these defamations.
Firstly, it is important to know that the dissemination of false and untrue facts about your company can be considered unfair competition. Competing companies are not allowed to spread inaccurate claims about your products or business practices in order to harm you economically. In such cases, you can assert claims for injunction and demand compensation.
To address the defamation, you can start by sending a cease and desist letter to the relevant competing companies. In this letter, you demand the cessation of the false claims and the submission of a cease and desist declaration with a penalty clause. If the competing companies continue to violate competition law, you can obtain an interim injunction or a cease and desist action in court.
Furthermore, you can also assert claims for compensation to compensate for the financial damage you have suffered as a result of the defamation. It is important to prove the incurred damage, for example through loss of turnover or loss of customers.
It is advisable to consult an experienced lawyer specializing in competition law to support and advise you in this process. A lawyer can help you effectively implement the legal steps and represent your interests to the best of their ability.
In conclusion, I would like to emphasize the importance of acting quickly and decisively against defamation in order to protect your reputation and business success. I hope that my advice helps you and wish you success in enforcing your legal rights.
Sincerely,
Greta Kleine, Lawyer specializing in competition law
