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My husband has his own business and we have recently had an

issue with a guy on...
My husband has his own business and we have recently had an issue with a guy on the internet. He owns a forum and is posting my husband's picture and making cartoon "bubbles" like my husband is saying something. He is running our business down and stating that we have labeled our product with USA Made labels and posting false information. Is there anyway we can get this guy to remove this false information as it is effecting the company?
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Answered in 7 minutes by:
9/1/2008
Legal Enigma
Legal Enigma, Attorney
Category: Legal
Satisfied Customers: 206
Experience: California trial attorney; civil litigation, business law, international law, family law
Verified
The first step is to send a cease and desist letter requesting immediate removal of the content. I'd sent it certified, return receipt, so you'd start accumulating evidence.

Make sure you print out his site, again for evidentiary reasons.

If the forum is run by a different company (not his own server), you may be able to ask them to have the content removed as well.

If that doesn't work, you might want to consider suing. If the statement made are false and they cause you damages, you may sue for defamation.

You'd typically have to prove the following:

1. That [name of defendant] made [one or more of] the
statement(s) to [a person/persons] other than [name of
plaintiff];
2. That [this person/these people] reasonably understood that
the statement(s) [was/were] about [name of plaintiff];
3. That because of the facts and circumstances known to the
[listener(s)/reader(s)] of the statement(s), [it/they] tended to
injure [name of plaintiff] in [his/her] occupation [or to
expose [him/her] to hatred, contempt, ridicule, or shame]
[or to discourage others from associating or dealing with
[him/her]];
4. That [name of defendant] failed to use reasonable care to
determine the truth or falsity of the statement(s);
5. That [name of plaintiff] suffered harm to [his/her]
property, business, profession, or occupation [including
money spent as a result of the statement(s)]; and
6. That the statement(s) [was/were] a substantial

You may also consider suing for interference with business relations together with defamation.

If you decide to sue, you'd be best served by being represented by an attorney who is familiar with these types of cases.

Please let me know if I can be of further help.

Please click ACCEPT now, so that I may get credit for this answer. We can still communicate after you click Accept. I appreciate a positive feedback.

The answer provided is for general informational and educational purposes only and is NOT legal advice. I am not your lawyer. No attorney-client relationship of any kind has been formed. You may not rely on this answer as legal advice. I am making no representation that I may be licensed in your jurisdiction and you may not act or refrain from acting based on the information provided in this answer. You should seek an attorney in your area to obtain legal advice.
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Customer reply replied 9 years ago
Do you know of any attorneys in Ohio that could handle this? Exactly what type of attorney would we be looking for?
We are not allowed to make referrals, but there's a couple of places you can turn to.

First I would try the Martindale-Hubbell database at www.martindale.com

Secondly, try calling your local bar association. They may have a referral program for local attorneys.

I would pick an attorney whose main practice is business litigation and business tors. A plain defmation attorney may lack the experience to deal with business valuations.

Please click ACCEPT now, so that I may get credit for this answer. We can still communicate after you click Accept. I appreciate a positive feedback.

The answer provided is for general informational and educational purposes only and is NOT legal advice. I am not your lawyer. No attorney-client relationship of any kind has been formed. You may not rely on this answer as legal advice. I am making no representation that I may be licensed in your jurisdiction and you may not act or refrain from acting based on the information provided in this answer. You should seek an attorney in your area to obtain legal advice.
Legal Enigma
Legal Enigma, Attorney
Category: Legal
Satisfied Customers: 206
Experience: California trial attorney; civil litigation, business law, international law, family law
Verified
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Legal Enigma
Legal Enigma
Legal Enigma, Attorney
Category: Legal
Satisfied Customers: 206
206 Satisfied Customers
Experience: California trial attorney; civil litigation, business law, international law, family law

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