Filip & Company has successfully represented Color Smart in securing, under a final court decision rendered in injunction proceedings, the deletion of an Internet post containing defamatory accusations by a competitor.
Color Smart is a distributor of interior and exterior paints in Romania.
According to the firm, "the Internet posting had contained a written text and video in which a former local distributor and current competitor of Color Smart conveyed that Color Smart would not sell genuine Benjamin Moore products and that the products and services of Color Smart were inferior to those sold by its competitor." The firm added that "the court decision includes a 'dynamic' order prohibiting the competitor from posting, in any form, material containing ideas similar to those conveyed in the deleted post."
The first court decision became final, following a judgment rendered by the Bucharest Court of Appeal, according to the firm.
With the first court ruling being obtained approximately one month after the publication of the post, Filip & Company Senior Associate Alin Grapa commented: "We appreciate the responsiveness and the efficiency of the courts in Bucharest, which have demonstrated a quick understanding and adaptation of the solutions rendered in such urgent proceedings to the speed with which digitalization influences every area of business. Such solutions give those affected by such postings a guarantee that there is effective protection offered by the judiciary in urgent situations where their reputation and credibility are damaged by the unfair behavior of competitors. It also sends a clear message to those who pursue such practices that there are remedies, as well as effective and swift sanctions."
The Filip & Company team consisted of Grapa and Associate Malina Palade.