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Competition lies about services, attacks our service, personal attacks.

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priority1bc

Junior Member
What is the name of your state? Maine

We offer repair services and improved parts for a popular cordless phone over the internet. Other than the manufacturer who has abandoned the product, we basically only have one real competitor in the US. They are located in California.

This product has a 100% failure rate on the keypad with failures as early as 6 months.

This other company has attacked our services and parts for over 2 years with large bold red text, highlighted warnings and false allegations. At first they attacked our repair technique claiming that it was not necessary and that it would break the phone. They falsely claimed the manufacturer had solved the problems with the keypad and they were using this new version. They lied. They even copied our extended button warranty but with their own well hidden exclusions that excluded the reasons they break.

They also illegally claimed to be the only FCC authorized repair center for these phones when there is no such thing. After a lot of work we did get the BBB to force them to remove the statement but they just re-worded it. Still using the FCC logo, they claim to be "the only FCC equipment authorization system grantee."

Later we designed a complete replacement keypad. Soon after, this company copied our old repair technique and registered a name for their copy of the item that repaired the OEM keypad. Interestingly they also got a Trade Mark for a second name. Basically the registered name for the repair product changes to the trade mark name after it is installed in your phone. They did this to make it appear that they too had an improved keypad. They use pictures of the OEM rubber keypad with their copy of our repair technique installed (in an unnatural position) to make it LOOK like it's an improved rubber keypad. They advertise this product as "The only truly improved keypad" and since they named the product they also claim to have "the original" However, they are still just fixing the poorly designed OEM keypad using a technique, not invented by us, but first used by us on these phones.

We have defended our product all along and included some warnings about this other companies false statements. Now this company has a web page trying to make the defense of our product and our pointing out their blatant lies appear to be an attack on them. They mention myself and my company name along with false claims that we are lying, "slime", claiming we photo-shop edited evidence, etc.. They change and add detail regularly and I've been keeping copies.

Is there anything I can do about this legally?

This company has done much more than what is listed here but I cannot PROVE the other attacks on us which include automated phone calls to our toll free number, clicking our pay-per click ads to run the daily budget down, using hacking tools to view unpublished web content on our servers.

Thanks for any advice.
 


quincy

Senior Member
You seem to need more advice here than a forum such as this can provide easily.

I suggest you take all of the claims and counter-claims, made by this competing company and your company, to an attorney for review. There could very well be a defamation action worth pursuing, but all of the advertising and information posted by you and by this other company would need to be looked at carefully.

And there could be potentially be some trademark and/or patent violations here, as well, that an attorney could advise you on.
 

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