We're a design and development agency established as an LLP for a few years. It has just been brought to our attention that one of our competitors published an article a few years ago, which is basically a comparison between them and us (the title of the article being "Our company name VS their company name"). In this article, they clearly share wrong information about our services, saying we don't cover certain areas whereas we definitely do and this is clearly stated on our website. They clearly added some wrong information about our services, in order to drive people who might research about our company to their own website (using our name in the title of their article), spread fake information about us, and drive people to use their service instead of ours. They are a pretty big competitor, so we can easily assume their website ranks well and drive a considerable amount of traffic. If you research for our company name on Google, then this article comes up on the first page of research... So whoever researched about our companies over the past years, necessarily have seen this article and read fake information about us, which we can easily assume impacted us negatively. There is no way this is just an error. They are stating wrong information that are clearly stated on our website (which didn't change for the past year, it has always been the same). O. They used some screenshot of our website in their article, so they definitely checked our website to write their article. Still they added a lot of wrong information. Those fake information has definitely be harming our reputation, and potentially prevented a considerable amount of potential clients to use our services, to use competitor's services instead. Even if we take a very low estimation, I think we can easily estimate the loss to potentially $100K over the past 2 years, at very minimum. Both companies are registered in India. Do we have a case, is there something we can do to claim for a compensation for spreading fake information about our scope of work in their article, which we can quite surely assume prevented us to acquire a considerable amount of client. Do we have a case? Can we claim a compensation for such a situation?
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The acts allegedly committed by your competitor are actionable wrong both under civil and criminal jurisprudence.
Therefore, you can file civil suit seeking damages.
Alternatively you can file criminal case under the various provisions of IPC and IT Act.
Issue legal notice to competitor to withdraw false and defamatory statements made against your company and to tender an unconditional apology
2) file suit for damages and claim compensation against the competitor
Its being few years, so limitation over to claim compensation and file defamation suit or complaint.
Can file suit in court for removal/deletion of publication
The legal consequences of writing fake reviews can include fines, orders to cease the deceptive practices, and, in some cases, criminal charges. Beyond legal repercussions, businesses and individuals involved in fake reviews can suffer significant reputation damage if their actions come to light.
Actionable wrong is a word which is primarily associated with a wrong which gives a remedy under law of torts. Civil action can be taken and damages can be claimed. Classic examples are defamation.
If there are ingredients for defamation you can initiate legal action through civil as well as criminal law for defamation
Dear Client,
You appear to have a strong case against your competitor for defamation and unfair trade practices, which have potentially caused significant harm to your business. In India, defamation laws provide recourse for individuals and businesses whose reputation has been unjustly harmed by false statements. Given that the competitor's article contains false information about your services, which is demonstrably incorrect based on your website content and has likely impacted your business, you can take legal action.
First, acquire all applicable proof. This consists of the thing in question, screenshots of your website showing the suitable facts, and any facts that may help quantify the economic impact, such as records of potential customers lost or a decrease in enterprise inquiries corresponding with the article's booklet. Documenting how the competitor's false claims have directly harmed your commercial enterprise is important.
Consult with a prison professional focusing on commercial enterprise regulation and defamation. They can offer unique advice tailored in your state of affairs and help you decide the first-class direction of movement. Typically, the initial step might involve sending a cease-and-desist letter on your competitor, demanding that they remove the object and issue a retraction and public apology. This letter can also outline your purpose in trying to find damages in the event that they do not comply.
If the competitor does not respond satisfactorily to the end-and-desist letter, you may proceed with submitting a lawsuit. You can claim compensation for the economic losses incurred due to the defamatory statements, in addition to are trying to find damages for the damage for your popularity. The legal method will involve offering your evidence and demonstrating the impact of the false records on your business.
Additionally, you can explore treatments underneath the Competition Act, 2002, which addresses anti-competitive practices together with false and misleading advertising which could harm competition. Filing a grievance with the Competition Commission of India (CCI) is probably another avenue to seek redress.
Given the complexity of your capability and the desire to precisely quantify your losses, an in-depth consultation with your attorney will be important. They can guide you through the legal tactics and help make sure that you have an excellent understanding of securities.
- Defamation is a criminal offence , and under Section-499 of the Indian Penal Code reads as follows:
“Whoever, by words either spoken or intended to be read, or by signs or by visible representations, makes or publishes any imputation concerning any person intending to harm, or knowing or having reason to believe that such imputation will harm, the reputation of such persons, is said except in the cases hereinafter expected, to defame that person.”
- Further, Section-500 of IPC prescribes punishment for defamation as it states “Whoever defames another shall be punished with simple imprisonment for a term which may extend to two years or with fine or with both.”
- As per law, a company/corporation is entitled to sue for defamatory statements which may affect the reputation , and further also entitled to recover damages without the need to prove special damage.
- Since, that company has published the articles without getting approval of your company and those contents of the article are harming the reputation/goodwill of your company then the director can file a defamation suit before the court.
- You can send a legal notice to that company , as ask huge compensation for harming the goodwill of the company , and if not positive response then file a complaint before the Judicial magistrate
- Further, you can also claim compensation after filing a civil defamation suit as well.
Thanks for all the answers. I believe it might be worth a shot to file a civil suit and claim compensation. Looking for a lawyer to discuss more precisely all elements, and to handle the entire process. If you're interested, please reach out to [deleted] for us to schedule an initial call.
Email address not going through. Who has expertize on this topic and would be interested to discuss further to potentially handle the case, if we decide to take it further?
You may contact the lawyer of your choice by booking a consultation through this website and discuss at length about further course of legal action.
You only have to choose a lawyer suiting to your requirements.
No lawyer will contact you because it will be considered as solicitation which is against the provisions of Advocate act.
You have to seek phone consultation with any lawyer on this website
make payment online and he would issue legal notice on your behalf
You can contact any lawyer in this regard
- Yes, for filing a civil suit for claiming compensation under the defamation provision , you will have to pay court fees on the the claim amount, and further in case of criminal defamation case no court fees required to deposit in the Court.
- The case will be filed in the jurisdiction where the cause of action has taking place
- You can contact any lawyer from this website .
Dear client,
Share contact details.
Thank you