• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Per Se Libel In Florida

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

craigjon

Junior Member
What is the name of your state? Florida.

I am an independent sales person with a contract to sell the software products of company "A". My contract explicitly prohibits me from selling or promoting competitive products. Company "A" is a wholly owned subsidiary of company "B". Company "B" has a distribution/marketing agreement with company "C", even though some company "C" products compete with company "A" products.

From time to time the sales person from company "C" and I vie for the same clients and dollars, though our respective products focus on differing feature sets. In the course of one particular sales opportunity, the sales person from company "C" wrote and distributed email to executives in all three companies that I was selling/promoting competitive products. At very least, this action: 1.) undermined the trust company "A" placed in me; 2.) threatened my contract with company "A"; 3.) undermined the cooperation (in the form of referrals) extended by company "B" executives and sales people to me.

After heated words and a concall in which a fair number of the recipients of the poison emails participated, the matter was formally dropped. However, Though I cannot verify it, my suspicions are that the sales rep for company "C" continues to "poisoning the water", and I would like it stopped.

I get the impression that the emails constitute per se libel in Florida.

Craig
 


moburkes

Senior Member
In that long, drawn out post you didn't answer 1 question: Are you selling/promoting competitor's products? If no, why does this person think that you are?
 

craigjon

Junior Member
Good Point on Per Se Libel

Good point. No I am not selling or promoting competitive products. My products (those of company "A") interoperate without any problems with competitive products, a benefit to customers touted by company "A". Company "C" products do not interoperate with competitive products at all. That's what ticks off the offending rep. If a common prospective customer has or likes particular competitors, my products work fine.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top