Traverse Internet Law
Disclaimer
The facts are unproven allegations of the Plaintiff and all commentary is based upon the allegations, the truthfulness and accuracy of which are likely in dispute.
PALMETTO RV, INC. v. PALMETTO RV RENTALS, LLC, ET AL.
DISTRICT OF SOUTH CAROLINA (CHARLESTON)
2:12-CV-00932-DCN
FILED: 4/03/2012
Defamation requires the publication of a false factual statement. Some of these statements will be considered “opinion” and not subject to legal action for defamation. Others have crossed the line and will certainly be considered claims of fact. Rather than having to be concerned about whether your claims are opinion or fact, I strongly recommend you have your legal counsel review any publications that could potentially give rise to claims of defamation.
Both the Plaintiff and Defendants are in the recreational vehicle industry. The Defendants are alleged to have published a “Craigslist” posting calling the Plaintiff “a disgrace”, “scum”, “liars”, and “cheaters”.
Plaintiff alleges false designation and unfair competition, unjust enrichment, and defamation. The prayer for relief requests that the Defendants be permanently enjoined and restrained from further use of the infringing mark, monetary relief in the amount of all profits received as a result of unlawful actions, punitive damages, and prejudgment interest. Prayer for relief also requests an award of all reasonable attorneys’ fees, costs, and disbursements. Traverse Internet Law Cross Reference Number 1558.
SERVICE LEGENDS, INC. v. THRASHER SERVICE CORP.
SOUTHERN DISTRICT OF IOWA
4:12-CV-00159-RP-CFB
FILED: 4/17/2012
Former employees have a long history of attacking a previous employer. You need to be very careful when discharging an employee. Even though you may have written contracts and “non-disparagement” guarantees, reality tells us those mean very little when a former employee feels he/she has been treated unfairly.
The Plaintiff offers service and support for heating and cooling to central Iowa residents. The Defendant is a former employee of Thrasher who posted a negative review that allegedly contains numerous defamatory statements in which he claims that the Plaintiff is comprised of “a bunch of scammers” who are trained to rip off customers. The Defendant is alleged to have instigated others to post defamatory comments on websites and on Google reviews.
Plaintiff alleges false advertising, false descriptions, unfair competition, and defamation. The prayer for relief requests that the Court enter judgment in favor of the Plaintiff on all counts of the Complaint, that the Defendant be enjoined from further unfair competition, false advertising, false designation of origin, false descriptions, and deceptive trade practices. The prayer for relief also requests the award of compensatory, punitive, and treble damages, and the reimbursement of attorneys’ fees, costs, and expenses. Traverse Internet Law Cross Reference Number 1559.
