Trade Libel
Don’t Let Defamatory Statements Stand in Your Way
Trade libel, also known as product disparagement or injurious falsehood, occurs when false or disparaging statements are made about a business, its products or its services, resulting in harm to its reputation or economic interests. These defamatory or libelous statements can have serious consequences, including financial losses, damage to brand reputation and loss of customer trust. At Isenberg & Hewitt, we have years of experience in helping businesses protect their reputation and seek legal remedies for trade libel.
Types of Trade Libel
Trade libel can take various forms, including:
- False Statements: Making false statements about a business’s products or services, such as false claims about their quality, safety or efficacy.
- Disparaging Remarks: Making disparaging remarks or negative comments about a business or its products, with the intent to harm its reputation or competitive position.
- Misleading Comparisons: Making misleading comparisons between a business’s products or services and those of competitors, leading to false impressions or misconceptions among consumers.
Elements of Trade Libel Claims
To establish a claim for trade libel, certain elements must be proven, including:
- False Statement: The defendant must have made a false statement about the plaintiff’s products or services.
- Publication: The false statement must have been communicated to a third party, such as through advertising, press releases or social media.
- Harm: The false statement must have caused harm to the plaintiff’s reputation or economic interests, resulting in financial losses or damage to brand goodwill.
- Fault: In some jurisdictions, the plaintiff may need to prove that the defendant acted with malice or reckless disregard for the truth in making the false statement.
Legal Remedies for Trade Libel
Victims of trade libel may seek various legal remedies, including:
- Monetary Damages: Compensation for financial losses, lost profits and other damages incurred as a result of the trade libel.
- Injunctive Relief: Court orders prohibiting the defendant from continuing the trade libel and requiring corrective actions to rectify the harm caused.
- Retraction or Correction: Court-ordered retractions or corrections of the false statements to mitigate the damage to the plaintiff’s business reputation.
- Punitive Damages: Additional damages awarded to punish the defendant for particularly egregious or malicious trade libel.
Our Approach
At Isenberg & Hewitt, our attorneys have extensive experience in litigating trade libel claims. We work closely with our clients to understand their unique circumstances and objectives, developing customized strategies to protect their rights and interests. Whether through negotiation, mediation, or aggressive litigation, we are committed to achieving the best possible outcomes for our clients.
Contact Us
If your business has been harmed by trade libel, contact Isenberg & Hewitt today. Schedule a consultation with one of our experienced attorneys to discuss your case and explore your legal options.