On Friday, Incorp filed another action to fight against what it describes as false statements made by another competitor – Nevada Corporate Services, Inc. (“NCS”). See Incorp Services, Inc. v. Nevada Corporate Services, Inc., Case No. 09-cv-01300 (D. Nev. July 17, 2009). A copy of the complaint can be downloaded here.
Incorp claims that NCS sent out a letter in May to many of Incorp’s clients claiming that Incorp “may be discontinuing its services” and that such discontinuance of services may leave the client “vulnerable and at risk.” The letter supposedly included some criticisms about registered agent services and insinuating that such statements were about Incorp. Finally, the letter stated that Incorp’s clients may be “victimized by a lack of service and professionalism” by Incorp, that they may be “devastated by” and opened up to “strategic vulnerabilities” by Incorp’s failure to fulfill its statutory duties.
Incorp argues that NCS’s statements are false and defamatory, have caused Incorp immediate and irreparable harm, and were sent out knowingly, willfully, maliciously, and with the intent to harm Incorp. Incorp’s causes of action are for false advertising under 15 U.S.C. §1125(a) and defamation.