Getting sued for a review site...

avatar33

avatar33

e-Hustler
Dec 5, 2009
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Calgary, AB
I have this review site that compares about 50 companies. I recommend 1 of them as being the best. (Classic affiliate strategy)

Now, I got an email yesterday from the lawyers of one of the companies I reviewed, saying I'm not allowed to use their logo and state negative facts about them only to push one of their competitors' products. (Unfair competition they say)

They threatened legal action if I don't remove the review.

What's legal and illegal when it comes to review sites?

Anybody here got sued for something like this?
 


IANAL but if just 1 of the 50 companies you are reviewing is complaining - I would just remove their review and be done with it.
 
marketer23 said:
IANAL but if just 1 of the 50 companies you are reviewing is complaining - I would just remove their review and be done with it.
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I'd do the same - if you are in the US. Consider this: Even if you are in the right, if this is a big company and they are willing to pay the lawyer's fee, a lawsuit will end up costing you for a long time.

With law its not always about being in the right or wrong but about who has the most money to spend on it. Do you really want to have to go through a law suit becuase of 1 review out of 50?
 
Do what others said above.

If you want to stay serious with this kind of strategy though, look into offshoring your business and also taking your hosting offshore.
 
You don't want to risk going to court over it regardless of whether they're right or not. Big brands do this all the time in various industries.

I've seen big insurance brands try to pull some asinine cease and desists in the past because they know small companies will fold rather than take it from their legal team.
 
Use of their logo I can get, but what is law in the US with regard to stating negative FACTS in a review? Not that it matters in the case of who can afford better legal team... Just merely out of interest, what are the specific laws here?
 
A lot of you stating you dont understand whats going on.

Its bullying. Plan and simple.

No fists involved, just money and drawn out legal paperwork and headache.
 
Thanks for all your answers guys. I did remove the review.

I definitely don't have the deep pockets these companies have for legal fees.

Agree with @eliquid, it is bullying.

Tons of websites are running reviews. Isn't the whole premise of huge established websites like toptenreviews? If it was illegal to use logos and state negative facts about a company's products or services, millions of affiliates would be in jail I think...

microphone head said:
Just merely out of interest, what are the specific laws here?
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I wish I knew. I'll definitely talk to a law firm if this happens again though. I don't want to have to remove more reviews without knowing if I'm in the right or wrong.
 
Displaying a company logo in the context of a review should fall under the "Fair Use" provision. In fact, that's so common it's often used as an example of "Fair Use".

Of course, as already mentioned, being right isn't always free. See SLAPP lawsuits.

And, if there's any chance the reviews are fake, or otherwise biased towards companies that happen to pay affiliate fees, it may not fall under Fair Use.
 
rish3 said:
And, if there's any chance the reviews are fake, or otherwise biased towards companies that happen to pay affiliate fees, it may not fall under Fair Use.
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I think there's a chance. Small chance, but there's a chance.
 
Sounds like have a strong legal disclaimer to cover your site against lawsuits if you want to continue writing reviews. And if your reviews are paid or biased, then companies may be able to file a case against you either way it goes.
 
Just remove the logo and keep the review. They did state you cannot use the logo along with a review, so without the logo it should be fine. Keep the documentation.
 
eliquid said:
Do what others said above.

If you want to stay serious with this kind of strategy though, look into offshoring your business and also taking your hosting offshore.
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Offshoring all way down for me. Not like it's impossible to go offshore and don't have to worry too much about this kinda stuff.
 
It would be smart to have a receipt for the 50 services or products you are reviewing as well. If the review is legit you should be fine. But as others said, you should just remove that 1/50 and be done with it.
 
Sure its bullying, its what companies with cash can afford to do.

Smart move removing it- would be ridiculous to get into it legally with them.
 
If you are offshore you still have to worry about this sort of thing. In fact in a lot of instances it is easier because most of the so called "safe havens" for setting up an offshore business also have fairly oppressive freedom of speech laws, while the US has very strong freedom of speech protections.

Unless you are a Russian national or something like that anyone who is sufficiently motivated will still be able to go after you legally and if you want to fight it, the US is usually one of the best places. In general having a company overseas for a reason like this is just security through obscurity.

Disclaimer: IANAL but I'd like to think I know what I'm talking about.
 
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