Something to Yelp About!

I have broken one of my own rules of blogging: e.g. to post often and with some regularity. Fortunately, my other rule is don't sweat rule No. One. After all, blogging is great, but life is short and there are plenty of other things to get done.

Which brings me to nearly pointless point No. Two: I'm writing this on my BBerry, while attending my child's elementary school, Spring Concert. (The budding cellist has already left the stage, so I'm keeping my priorities straight.) Just like the fact that I'm drafting on the BBerry. Ain't modern conveniences grand?

Ah, so much to talk about since last we chatted -- so little screen. Also, alas, I don't have my research at my side, so my usual useless drivel will be a little less useful with this post. So bear with me (and just remember: you're not paying for this, so you get ... Well, you get the idea).

The main point of this ramble is simply this: I have seen a significant uptick in lawsuits filed by disgruntled service providers and assorted business entities who are peeved by comments made about them on review sites such as Yelp! Interesting because, well, these companies are lashing back at those who have lashed out.

Is this legally acceptable? Sure. If the first lasher engaged in any unlawful conduct, such as defaming the second lasher (the lash-backer?) then a claim by the latter would be fair play. Brief Internet primer: the same rules of the road apply even if the highway has changed.

Now, will some companies try to silence legitimate speech by filing meritless claims? Oh please. No, that would never happen ... everyday. So, this is simply to be expected. The take-away? Post, gripe, complain, kvetch, but don't defame. Got that?

This is all of particular interest to me as I posted a complaint on Yelp just this week. I will never go back to Great Clips in Irvine again! Will the loss of my business hurt them one bit? No, plenty of people will continue to have their hair butchered there because it is cheap (and not worth a penny more), bit it sure felt good to lay into them on Yelp.

Ok. That's it for now. Shuffle some papers so the boss thinks you're working!



Jonathan Pink is an intellectual property and commercial litigation attorney resident in Orange County, California. He specializes in copyright, trademark, patent and business disputes (including claims arising out of alleged defamation on the Internet). He can be reached at 949-223-7173.