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November 30, 2022

Filip & Company obtained the deletion of a defamatory social media post in a final court decision in favour of Color Smart

Filip & Company successfully assisted Color Smart, one of the leading distributors of premium interior and exterior paints in Romania, in securing under a final court decision rendered in injunction proceedings, the deletion of an Internet post containing defamatory accusations by a competitor against our client.

The dispute resolution team formed by Alin Grapă (senior associate) and Mălina Palade (associate) obtained a favourable and enforceable first court ruling in record time, about one month after the publication of the denigrating material on the internet. The first court decision became final shortly afterwards, following a judgment rendered by the Bucharest Court of Appeal.

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 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.

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 unfair behaviour 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”, said Alin Grapă, senior associate at Filip & Company.

We thank the Filip & Co. litigation team for their contribution in establishing a coherent strategy, for the care with which they prepared all the documents presented to the court so that the final solution could be delivered swiftly. I particularly appreciate the way our lawyers committed themselves to identifying and implementing the best action plan

The injunction procedure is a special judicial procedure characterised by speed, but which is also subject to restrictive admissibility conditions, being the appropriate remedy when an interim order of the court is required in urgent cases to prevent imminent harm or to avoid the loss or prejudice of a right by delay.

As representatives of the rights and interests of our clients, we hope and expect that in our jurisdiction this tool will be increasingly available in a variety of cases where the legal conditions are met, with the consequence of preventing or limiting the damage resulting from the violation of legal rights and protections, as was the situation in this case.

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