TCL demands apology from Rock Hard

TCL claims the articles have caused and is likely to cause damage to its reputation and business including financial harm. It also says that Rock Hard Limited has begun a campaign claiming that its product is superior to TCL’s and this campaign is contrary to sections 7 and 8 of the Protection Against Unfair Competition Act Chap 82:36.

TCL is demanding that Rock Hard Limited respond urgently and by February 21 to its letter and cease and desist from repeating the statements it has published or any similar statements. It is also demanding that Rock Hard Limited confirm to TCL in writing that it will provide a written undertaking within seven days to refrain from making the previously published statements or any similar statements; publish a suitable apology and retraction of the statements complained of by TCL in a prominent position in all three daily papers; pay compensation for the damage to TCL’s reputation and any financial loss it may have suffered and reimburse TCL for any legal costs it has incurred.

TCL claims in the pre-action protocol letter that Rock Hard Limited has been making intentionally false alerts and publishing information to mislead the public and relying on fiction and intimidatory tactics; that TCL is involved in dishonest business practices and knowingly trying to mislead the public with information that it knows to be false. TCL claims that in one of the articles the chairman of Rock Hard Limited, Ryan Ramhit, stated that “other brands have not and do not test their cement as rigorously as Rock Hard. They cannot confirm meeting all of the requirements of the standards” (ASTM). TCL says those statements suggest that it does not rigorously test its cement and does not or cannot meet the ASTM standards.

The pre-action protocol letter states that in fact TCL provides certificates as to the quality and age of its cement to its large customers and these certificates are available for examination upon request. It says that TCL accepts and is open to fair competition and expects competitors to comply with all legal requirements and standards to ensure its products meet those standards.