Q: Can a law firm mention my company name in its marketing, claiming it defeated my firm even if untrue?
My company received two cease & desist letters claiming trademark infringement of their client's materials. Both claims were dropped after it was argued the material did not infringe, and no action was taken. Nevertheless, the law firm subsequently made a claim in a marketing flyer that it successfully protected their client's trademark against my company, naming my company in the flyer. I did not give permission for the law firm to use my company name, and the claim is factually untrue. Now competitors are using this flyer to defame my company, falsely claiming we lost a lawsuit. What can be done?
A: Agreed, the claim would be for defamation, and as Michael points out damages are measured by injury to your business's reputation. Note there is a short, 1-year statute of limitations for defamation lawsuits in New York State. I doubt your status qualifies for "per se" liability (disregarding proof of economic loss), but it may be worth checking out.
Barry E. Janay agrees with this answer
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