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Max Lowry
Max Lowry, Advocate
Category: Law
Satisfied Customers: 1457
Experience:  LLB, 10 years post qualification experience
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We have recently began to manufacture a product which we sell

Customer Question

We have recently began to manufacture a product which we sell at shows/expos throughout the UK, one other exhibitor is telling everyone that we copied his product (we most certainly did not - they are not even similar), we were prepared to ignore this pettiness, however because he told one of the show/expo organizers that he believed that we copied his idea they have banned us from the shows which they organize, this is obviously going to affect our income.
Should we just ignore this, or is there a legal and ethical way of dealing with this Person.
(We have tried to tell them (in writing) of all the differences, but he continues to bad mouth us to anyone who will listen.
There is no patent in place
Submitted: 4 years ago.
Category: Law
Expert:  Max Lowry replied 4 years ago.

Max Lowry :

Hi, welcome to Just Answer. I will help you with your question.

Max Lowry :

Yes, there is something you can do.

Max Lowry :

Obviously, there is no contract in place, so this isn't about breach of contract.

Max Lowry :

However, where you have a competitor that deliberately lies to all your suppliers/organisers/customers etc., to try and gain a deceitful advantage over you, causing you financial loss, you may be able to rely upon the tort of "causing loss by unlawful means".

Max Lowry :

You can see a general discussion of this, and related laws, here: http://www.inhouselawyer.co.uk/index.php/litigation-a-dispute-resolution/6929-claims-without-contract-economic-torts-come-of-age

Max Lowry :

Your principal remedies are likely to be a compensation (damages) claim, together with an injunction, to prevent them from continuing to carry out unlawful practices like this.

Max Lowry :

The law is quite complex in this area, because it's all based on past cases (no statutes/Act of Parliament).

Max Lowry :

It might be worth getting a solicitor to write you a letter to these people threatening to get an injunction and to sue for compensation. I expect this might be enough (it usually is, in the vast majority of cases).

Max Lowry :

I hope this answers your question. If you need further information, just let me know. Please do remember to rate my answer as highly as you can.

Max Lowry :

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