Defamation Damages / Reputational Damages

Have false social media posts caused defamation damages and repetitional damages? As intellectual property valuation and defamation damages experts, we have been asked to analyze the impact of negative statements about a business that were classified as either defamation or disparagement. Although the definitions differ, the financial and economic impact can be substantial and tends to have the greatest effect on the value of a company’s brand and the owner’s reputation.

‘Defamation’ is defined as “the act of making untrue statements about another that damages his/her reputation. If the defamatory statement is printed or broadcast over the media it is libel and, if only oral, it is slander” (www.dictionary.law.com). ‘Disparage’ is defined as “to speak of or treat slightingly; to bring reproach or discredit upon, lower the estimation of” (www.dictionary.reference.com). These false statements can cause defamation damages and repetitional damages.

Negative statements about a company can create a negative association with the company’s products and brands. When a company receives negative publicity, customers and business partners are likely to seek alternatives, resulting in defamation damages and reputational damages and a lasting impact on sales and profits. The impact on brand reputation and brand recognition can last for a long time.

In the past, negative statements occurred in traditional media and their impact drifted as access to old news faded. On the Internet and in social media, negative comments can be linked to brands in Google searches for years, creating a lasting negative association. Based on market research, brand contribution analysis, and financial performance reviews, we are able to provide well-supported opinions in matters involving defamation damages claims.

View part of Doug Bania’s testimony in the Johnny Depp v. Amber Heard Defamation trial below.