Hello, I'm looking for legal view on what action can be taken against a website called 'Mouthshut.com' which publishes user reviews and has negative reviews of our brand/product on their site. Issue: On searching for our brand/product name on Google, the first result which comes is of mouthshut.com. Clicking on the link leads to the reviews page for our brand on their site where there are many negative reviews. While some are genuine, most of these reviews look manufactured and vague. Most of there reviews are from people who have written 50+ reviews. On further checking, we found that mouthshut pays people who register and writes reviews, also paying higher for negative reviews than for positive ones. On reaching out to them and asking to take down these reviews or give a chance to respond, they responded by asking us to buy a paid package and then only we'd be able to respond. Advice required: I reached out to two lawyers who had different take on the issue- Lawyer 1 - Send notice for defamation, trademark infringement Lawyer 2 - Send restraining order from district / high court asking them to take down the reviews if we are not allowed to respond to the reviews I am not sure which one is right and if any of them is the right course of action. Would like to know the advice of expert lawyers on what legal action should be the right route to get mouthshut to take down the reviews.
If negative reviews have been posted of your product website must give you an opportunity to respond to the negative reviews
2) if they fail to do so you can seek court orders to direct website to remove the negative reviews posted on the website
3)you can also file suit for damages and claim damages for maligning your product reputation and not giving you chance to reply to the negative reviews
1. Only for mere having negatibe review you can not send any defamtion ntice.
2.Do note that every user or customer has right of reviews of the service provider and if there is a website which facilitate publishing such reviews of many service providers like yours nothing could be done agaisnt them.
3. However you can do send them a notice but as I mentioned there is no actionable wrongs committed by the said website and no legal recourse can be adopted tos top them from publishing reviews.
Hi, it is a illegal online activity .. If you have sufficient evidence to prove that the reviews are paid and false , file a complaint at the cyber cell .. The cyber cell will investigate the matter and will lodge the FIR if found illegal process .. Secondly defamation case can only be filed if you can proove that reviews are paid and falsely put for defaming ..
1. Any consumer has the right to articulate his views about the product/services consumed by him and this can be published on a website.
2. If you say that the negative views are written on purpose with the intention of causing loss to your reputation then this will have to be proved by you if you sue the website and the authors of the views.
3. It is very easy to send a notice for defamation through a lawyer and even file a civil suit for damages or launch a criminal prosecution under Section 500 IPC but the real test is to prove the allegations in the court.
4. You can also file a civil suit for injunction against mouthshut to restrain it from publishing further negative views against your brand, but no court can issue injunction unless there is prima facie evidence that the views published are paid and motivated.
Send them a legal notice initially, asking them to bring down the scandalous negative reviews, which need to day aren't by genuine clients/customers.
In case, the Legal Notice fails to help, file a suit for defamation. Also, seek a restraint order against them by way of seeking an order of permanent injunction.
The course suggested by Lawyer-2 is more practical and liable to bear some result s.
Hi all, Thank you for the response. The reviews are indeed manufactured and people are paid to write reviews on their site. As a follow up question: If we go for court restraining order, which could should be approach - district of high court. Also, we are based in Hyderabad and they are based in Mumbai. Which place for filing is suitable?
You can file suit in district court
Suit can be filed in Hyderabad
1. The restraint order has to be obtained from the District Court.
2. You may file a case in Hyderabad itself.
3. Send a legal notice before you take recourse to any legal proceedings.
Let me know if I could be of any help.
Best,
Adv. Vibhanshu
I do not think filing suit Or sending the notices would be helpful in resolving the issue as both of the parties operating from different parts of the country and the issue is technically motivated.
I suggest you to file complaint with cyber crime police u/s 66,66A,67 of IT Act. Discuss with us, if you need more info.
I am not sure which one is right and if any of them is the right course of action. Would like to know the advice of expert lawyers on what legal action should be the right route to get mouthshut to take down the reviews.
The views of both the lawyers who you consulted appear to be a proper step to aproach for curbing this menace.
You can count on the pros and cons on both the suggestions made, if they dont appear to be feasible or is not gaining any confidence in you, then you can look for some other remedy too.
In my opinion, these are some effective steps suggested to you which may fetch some results.
As a follow up question:
If we go for court restraining order, which could should be approach - district of high court. Also, we are based in Hyderabad and they are based in Mumbai. Which place for filing is suitable?
Since you have noticed the adverse reports in Hyderabad, you can file a case within Hyderabad territory also.
It can be filed in the court having pecuniary jurisdiction.
Since you are based in Hyderabad you can file the civil suit in Hyderabad itself in the court of civil judge senior division.
You ill have to file the case in Mumbai and also I would advise you to first send a Legal Notice, also it may be a case that they take down the comments after receiving the Legal Notice.
And even if they fail to respond then you may file a suit in the lower/ civil court at bombay.
Regards
