Our client has been working successfully for many years as a product and risk manager for investments and as a software developer. Our client had recently uncovered the mass fraud scheme surrounding PIM Gold GmbH. We had already reported on this case:
A former employee of PIM Gold GmbH had now attempted to cause lasting damage to our client’s good reputation through slander, defamation, and insults. Among other things, the defamer (defendant) claimed the following false facts about our client on the Internet:
- there were approx. 12,000 damaged customers as a result of our client’s conduct in 6 years,
- there were about 120 false suspicions and false pretences by our client,
- there would be approximately 180 online victims damaged by our client, consisting of companies, intermediaries, lawyers, tax advisors and prosecutors, and
- there would be approximately 995 pages by our client full of lies, paragraphs and tables in relation to the conduct that had allegedly caused damage to victims.
We applied for a temporary injunction against the above false allegations (defamation, slander) at the Karlsruhe Regional Court, which we then have been granted by the court within a few days. We have already formally served the injunction on the defamer.
The person causing damage to his reputation initially remained unrelenting and continued to post the above false allegations on the internet about our client. We applied for the imposition of a fine or imprisonment on the defamatory party for culpable violation of the injunction issued. In accordance with our application for an injunction, the Regional Court of Karlsruhe imposed an administrative fine on the person causing the damage to reputation as well as detention for 15 days in the event of non-payment of the administrative fine.
The defamer continued to be relentless and furthermore hurled the vilest insults at our client, which we do not wish to reproduce in detail here for reasons of decency. We applied to the Karlsruhe Regional Court for a further interim injunction against these additional vile insulting expressions on the grounds of defamation of character, which the Karlsruhe Regional Court also issued in favor of our client within a few days.
In the meantime, the person causing the damage to his reputation has sought legal advice. A few days ago, his lawyer sent us a final declaration from the person causing the damage to our client’s reputation, according to which he accepts the two interim injunctions as the final and definitive settlement between the parties and will not appeal against them.
We are currently still asserting claims for reimbursement of costs and damages on behalf of our client against the defamatory party.