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Competitors are not always scrupulous when seeking to obtain a commercial advantage. Sometimes the temptation to bend the truth is too great and false statements about your products or services are published that breach the laws of defamation and/or malicious falsehood.

Using our specialist expertise in these areas, our team can act fast to minimise the impact of any such allegations on your reputation.

Armed with the threat of legal proceedings, our team will work with you to achieve your objectives, including obtaining an appropriate retraction and apology, removing the offending materials, and securing financial redress.

In addition, competitors may put out marketing materials which use your trade marks without your permission in an attempt to damage your reputation, or compare you unfairly to their own products and services. Using your intellectual property rights, we can stop the publication of such materials.

competitor-attack

 

Case Study

We were contacted by the Chief Executive and General Counsel of a client FTSE 100 company. A competitor had published an article on its website alleging that our client was exiting from one of its core markets, and that part of our client’s business had financial issues. The competitor had also sent a link to the article to a large number of our client’s existing and potential customers. The competitor’s motive was obvious: to create speculation around our client’s business strategy, to divert business away from it, and to undermine our client’s financial stability.

The allegations were totally untrue and likely to cause our client serious financial harm. Within a few hours of being instructed we had formed a robust strategy which involved using the laws of defamation and malicious falsehood to threaten proceedings.

We were able to secure the removal of the article from the competitor’s website, the publication of an apology and retraction to all recipients of the original article and the payment of our client’s costs.

Photo of Imogen Allen-Back

Imogen Allen-Back

United Kingdom
Associate
t: +44 (0)20 7054 2733
e: Imogen.Allen-Back@pinsentmasons.com
Expertise: Social media, adverse media coverage, competitor attack, confidentiality
Photo of Michael Fenn

Michael Fenn

United Kingdom
Partner
t: +44 (0)207 054 2760
e: michael.fenn@pinsentmasons.com
Expertise: Competitor attack
Photo of Alex Keenlyside

Alex Keenlyside

United Kingdom
Senior Associate
t: +44 (0)20 7490 6646
e: alex.keenlyside@pinsentmasons.com
Expertise: Adverse media coverage, competitor attack, confidentiality, social media

News from Out-Law.com

Website operators’ defamation complaint handling should include assessment of privacy in making disclosures, says expert

UK website operators should ensure that they comply with data protection laws when handling defamation complaints in line with new regulations and guidelines, an expert has said.

Defamation reforms should cut claims but only after courts give guidance on how the new rules apply, says expert

Changes to defamation laws should help cut the number of libel claims being brought before UK courts, an expert has said.



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