Can PC Magazine be sued for giving another product the best product award?

Question

PC Magazine reviews a number of products and give one product the "Best Product" award. Unfortunately that is our competitors. However the magazine uses it's own review criteria and gives award. We believe if the products are reviewed with our methodology, we will be better than our competitors. Is there a case that the award the mag gave is not valid or does the mag have full rights to award they way they choose?

Answer 1

Sure you can sue, you wont win though! PC Magazine are giving an opinion.

They are in fact saying " we prefer the product made by........."

Anyone can say this. It is just the equivalent of me saying " I prefer Cadburys chocolate"

The Mag. has the right to assess in the way they choose.

Magazines like "Which" have been awarding products best buy awards since the 1950s. If it were possible to successfully sue they would have lost money in court actions by now. They havent.

Answer 2

Anybody can sue anyone for anything. That doesn't mean the suit is valid or reasonable, and a judge would likely throw out anything that patently silly. Any valid suit would have to prove not only that PC Magazine was factually wrong, but that it intended to cause harm or loss of reputation to the 'loser'. In American law I suspect that would be practically impossible.

Answer 3

You said it yourself. By their criteria, it is the best. Yes, the magazine, or any other group including Consumers' Union and Undersriters' Laboratories has the right to test in a way they feel is most meaningful.

Find another tester is my best advice.

Answer 4

Take the criteria where you didn't do well and improve your product in that area. Then next year, or in the next magazine's review, you'll do better. Its the American way....

Answer 5

Isn't everyone entitled to free speech in America and share their own opinions? So, I'd say, "No" to your question.