One of my customers has been told by one of my competitors that they (the competitors) are suing me for breach of copyright. I have not so far been informed that I am being sued. I have had correspondence from my competitors lawyer alleging breach of copyright but no direct or indirect confirmation that legal proceeding have or are to be intigated. As no proceedings are on going and so therefore no decision can have been made as to whether I have breached a copyright, is the statement that I AM being sued slanderous?
2006-08-29 06:36:50 · 8 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
What I am realy getting at is; can they tell people they are suing me when they are not? This, surely ,is potentially defamatory if they subsequently do not sue me. If they do, so be it, at least I can then deal with the matter. Have I got this competely wrong? Thanks for all the previous answers.
2006-08-29 07:03:22 · update #1
No. That isn't slander. Consider it a heads up notice. Get yourself some Prepaid Legal. It's like having Legal Insurance. Once you've been sued, you cannot use your benefits because it would be like a pre-existing condition.
2006-08-29 06:40:54 · answer #1 · answered by Speaking_Up 5 · 0⤊ 1⤋
The slander law went out a long time ago. No such thing as a slander law. You just have to wait and see what happens and if you are sued, then you need a lawyer. But if you have used a copyright , that belongs to someone else, then you can be sued. A good lawyer can take care of this. Good luck.
2006-08-29 06:48:08 · answer #2 · answered by Norskeyenta 6 · 0⤊ 1⤋
No. If you have received a letter alleging breach of copyright, (and i assume it is a cease and desist letter), then there is a dispute between you and the competitor over copyrights. The fact that you are or not being sued, is not slanderous in itself, because a lawsuit is not indicative of guilt. therefore the fact that you were contacted concerning copyright breach is the mitigating factor, and you have not been slandered.
2006-08-29 06:43:59 · answer #3 · answered by Anonymous · 0⤊ 1⤋
The litigation process can begin by an attempt to resolve matters out of court. Sounds like your competitor's attorney has made that first contact. If you do not respond or hire your own attorney to respond to their allegation, then likely the other party make take steps to file a formal complaint--in which case they will indeed be suing you. You really need to get a lawyer.
2006-08-29 06:46:08 · answer #4 · answered by Nefertiti 5 · 0⤊ 1⤋
It is not slander. They can always say they are still researching the case, or say later that they changed their mind about the case.
However, you should speak with an attorney, no matter what, it sounds unethical.
Remember VW and the "Bug" trademark, VW made all the non-VW licenced "Bug" repair shops stop using the word Bug, never even went to court, just threatened to.
2006-08-29 08:57:54 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Very border line. NOT very smart business acumen on the part of your competitor. If they are not suing, they are going to look really stupid to the person they said it to. If you did nothing wrong, don't worry.
2006-08-29 06:40:57 · answer #6 · answered by Spirit Walker 5 · 0⤊ 1⤋
No.Defamation is when you tell a lie verbally or in writing that defames a person or business's reputation.Threatening to sue somebody does not fall under this catergory.
2006-08-29 06:55:52 · answer #7 · answered by John G 5 · 0⤊ 1⤋
no
2006-08-29 06:39:20 · answer #8 · answered by Anonymous · 0⤊ 1⤋