What measures can I take if a competitor spreads false claims about my company?
April 2, 2022 | 30,00 EUR | answered by Georg Sauer
Dear Lawyer,
I am Xenia Köhler, the owner of a small e-commerce business. In the past few weeks, I have noticed that a competitor is spreading false claims about my company. These false statements are damaging my reputation and negatively affecting my sales.
The claims made by my competitor mainly focus on the quality of my products and the customer service of my company. For example, he claims that my products are of low quality and that I mistreat customers. These false statements have already led to some customer complaints, as they are now hesitant to purchase from me.
I am deeply concerned about the reputation of my business and I am wondering what actions I can take to address these false claims. I do not want to stand idly by as my good name is tarnished by these defamatory statements.
Could you please explain to me what legal steps I can take against my competitor to stop the spread of these false claims and restore my reputation? Are there ways to obtain a temporary injunction or take legal action to seek damages? I would be very grateful if you could assist me in this matter.
Thank you in advance for your help.
Sincerely,
Xenia Köhler
Dear Mrs. Köhler,
Thank you for your inquiry and your trust in my expertise in the field of competition law. I am sorry to hear that your company is suffering from the false claims made by your competitor. The spread of defamatory statements can indeed cause significant harm to your company, both in terms of reputation and revenue.
In such a situation, you have various legal options available to take action against your competitor and stop the spread of false claims. First of all, you should consider sending a cease and desist letter to your competitor. In this letter, you can demand that they immediately stop making false claims and provide a legally binding declaration to that effect. If your competitor does not comply with this demand, you can take further legal action.
One option would be to apply for an injunction at the appropriate court. An injunction is a fast procedure to obtain immediate measures against your competitor and stop the spread of false claims. However, you must be able to demonstrate that the claims are indeed false and causing you harm.
Furthermore, you can also claim damages from your competitor. If you can prove that you have suffered financial loss due to the false claims, you are entitled to compensation. This compensation can cover both lost profits and the intangible damage to your reputation.
It is advisable to seek advice from a specialized competition law attorney in this matter to take the best possible legal steps and restore your reputation. I am available to support you in this matter and discuss further steps.
I hope this information is helpful to you and I am available for any further questions.
Sincerely,
Georg Sauer
