Legal Question in Business Law in Ohio
Unlicensed Business Harassment
There is a business in California that is allowing an unlicensed business to drop ship products for them. This unlicensed operation is located in Ohio. These people have been posting lies about our company on the Internet in an attempt to discredit our legal business while simultaneously promoting their unlicensed operation. They are threating us with hollow legal action because we've sent them emails telling them to stop. What can I do to stop this from continuing?
1 Answer from Attorneys
Re: Unlicensed Business Harassment
I'm assuming your business is located in Washington.
In order to succeed with a defamation claim, you must be able to show that what they are saying about you was presented as a fact (not an opinion) is untrue, that they knew or should have known that it was untrue, and that what was said damaged your reputation and caused you financial harm. For example, you could not bring a defamation suit if they said that their product worked better than yours, but you could if they claimed that your product was produced by child labor, and you could show a drop in sales after that claim was made.
If they are not responding to your reasonable requests to stop defaming you, it might be time to enlist the aid of an attorney. Sometimes, a letter from an attorney will bring to their attention that you are serious about wanting them to stop, and that you are not intimidated by their threats of legal action.
Your attorney will also be able to give you guidance on whether you can and should report the unlicensed operation to the authorities. Your attorney also would be able to review the facts and advise whether you would be able to pursue your legal remedies in Washington State, or whether you would need to do so in California or Ohio.
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