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What do you do if a competitor lies to try and 'remove' the competition?

by Johnathan
15 replies
Situation: I have some products/services similar to a competitor (a certain niche, mine is better).

My products have been created from scratch, I've done the developing and marketing to promote it, etc.

However, the competitor doesn't like the competition, so has actually started contacting various sites (where its been marketed to), lying, and essentially saying its his stuff to get mine removed (i.e., 'dmca', 'license' agreements (which I have no affiliation with any of his, etc), etc, etc). He has actually been successful in getting products delisted from a few sites.

What course of action would you recommend I take against this guy? Obviously I am going to contact him directly and contact the other sites to get it relisted, but would you suggest threatening to sue him and/or suing him (if so how much should damages be)? Or some other sort of action?

I am royally pissed and am looking to take some action.

Thanks
#competition #competitor #lies #remove
  • Profile picture of the author LB
    Talk to a lawyer.
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    • Profile picture of the author Johnathan
      Originally Posted by LB View Post

      Talk to a lawyer.
      Yes, good idea -- but in the meantime, what would you suggest?

      Thanks
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      • Profile picture of the author LB
        Originally Posted by Johnathan View Post

        Yes, good idea -- but in the meantime, what would you suggest?

        Thanks
        I would suggest...you talk to a lawyer.

        Asking for legal advice on a forum is like fishing with dynamite.
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        • Profile picture of the author Valorie
          Originally Posted by LB View Post

          I would suggest...you talk to a lawyer.

          Asking for legal advice on a forum is like fishing with dynamite.
          ROFL :p

          Dangit, where is that ROFL button? The LMAO button?

          I agree. I understand that you are upset and frustrated, but be careful that you don't take some action that actually makes things worse.
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          • Profile picture of the author Kay King
            I am waiting to get some proof from a few sites
            I would advise you (IANAL) to be low key when asking for this information - site owners don't want to get caught up in squabbles.

            They may willingly forward the emails for your information - but may not if they think it might come back on them in any way.

            LB is right - forum legal advice is opinion - the law is the law

            kay
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  • Profile picture of the author TeamGlobal
    Hi Johnathan,

    I would have to agree with LB. I would discuss the matter with an attorney to determine the best course of action BEFORE I contacted the party in question.

    All The Very Best,


    Tony
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  • Profile picture of the author GuerrillaIM
    You need proof. Get one of the websites in question to forward the email to you then get your lawyer to file a case for loss of earnings. Of course if you can't prove that your ebook is selling a substantial amount then you will be going after punitive damages which depending on where you live can be anywhere from difficult to impossible.

    Might be worth paying a solicitor to send a letter to sh** them up a little bit and then not take it any further but to be honest why waste the money?
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    • Profile picture of the author Johnathan
      Originally Posted by GuerrillaIM View Post

      You need proof. Get one of the websites in question to forward the email to you then get your lawyer to file a case for loss of earnings. Of course if you can't prove that your ebook is selling a substantial amount then you will be going after punitive damages which depending on where you live can be anywhere from difficult to impossible.

      Might be worth paying a solicitor to send a letter to sh** them up a little bit and then not take it any further but to be honest why waste the money?
      Thanks --

      As a matter of fact, I just found out one website told me that they removed my stuff because he sent an e-mail to them. I am waiting for them to send me a copy of what he sent so I can see it in detail. I probably also will go speak to a lawyer as well on Monday, and go from there.

      I think the money would be well spent, especially if this guy figures he can get away with this kind of garbage.

      Thanks so far for the feedback.
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  • Profile picture of the author kennykencaid
    In the past I have had to use a lawyer to get somebody to take notice that I don't play. If this is true then you need to contact and IP lawyer ASAP and provide proof.

    Get everything you can in writing.

    Talk soon,
    Kenny Kencaid
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    • Profile picture of the author Johnathan
      Originally Posted by kennykencaid View Post

      In the past I have had to use a lawyer to get somebody to take notice that I don't play. If this is true then you need to contact and IP lawyer ASAP and provide proof.

      Get everything you can in writing.

      Talk soon,
      Kenny Kencaid
      Thanks -- I am waiting to get some proof from a few sites (waiting for them to forward me the e-mails he sent). I only noticed this (by accident) because one site that I knew 'should' be sending me traffic stopped, and I thought it was rather fishy. Only after contacting them did they say this guy was going around doing that. Very p.o.'d at the moment, and I will probably take the advice a few ppl here and speak to a lawyer Monday. Hopefully I'll also have some sample e-mails, etc to take to them too.

      Thanks!
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  • Profile picture of the author CliveG
    Originally Posted by Johnathan View Post

    ... lying, and essentially saying its his stuff to get mine removed (i.e., 'dmca', ...
    If he has used the DMCA to have your material taken down he may have committed perjury and provided documents that prove that.

    As others have already said, talk to a lawyer.
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    • Profile picture of the author Paul Myers
      If he has used the DMCA to have your material taken down he may have committed perjury and provided documents that prove that.
      Another phrase you may want to mention to your lawyer is "trade libel."

      I'm not a lawyer, but that seems a worthwhile angle to look at with yours. Screwing with your competition by lying is nasty, if you're in the same jurisdiction as the competition.


      Paul
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  • Profile picture of the author bobsstuff
    I would say take no action until you talk with the lawyer. As mentioned you could make things worse and jeopardize your position.
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  • Profile picture of the author PPC-Coach
    Anyone have any good referrals for lawyers that are good at internet copyright, lilbel, defamation of character type charges?

    PM me please I could use one right now.

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  • Profile picture of the author JasonParker
    Originally Posted by Johnathan View Post

    Situation: I have some products/services similar to a competitor (a certain niche, mine is better).

    My products have been created from scratch, I've done the developing and marketing to promote it, etc.

    However, the competitor doesn't like the competition, so has actually started contacting various sites (where its been marketed to), lying, and essentially saying its his stuff to get mine removed (i.e., 'dmca', 'license' agreements (which I have no affiliation with any of his, etc), etc, etc). He has actually been successful in getting products delisted from a few sites.

    What course of action would you recommend I take against this guy? Obviously I am going to contact him directly and contact the other sites to get it relisted, but would you suggest threatening to sue him and/or suing him (if so how much should damages be)? Or some other sort of action?

    I am royally pissed and am looking to take some action.

    Thanks
    Shoot, I wouldn't just make a legal threat... I'd take it further.
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