Kuwaiti Blogger Sued Over Bad Benihana Review

Don't criticize your meal -- the servers are armed; and if they don't get you, corporate will.

Let’s say you have a popular blog in Kuwait.  If you are going to blog in Kuwait, then you are going to get hungry.  If you are hungry, you might want to go to a restaurant.  Because you have been to every restaurant in Kuwait, you will probably decide to eat at the new Benihana.  The food at the new Benihana is going to be underwhelming and poorly prepared.  When you eat a bad meal, you will want to blog about it.  So you will write a negative review about your experience at Benihana.  But if you blog about your bad Benihana experience, you are going to get sued.  When you get sued, lots of people will read your blog and write about the lawsuit.  All this will make your blog more popular.  And this will make you hungry again.

The above described scenario is roughly what happened to Kuwaiti blogger, 2:48 a.m..  What will be the outcome of Benihana’s action?  No idea.  Siouxsie knows nothing about Kuwaiti law.

This whole things makes one wonder if Barbara Streisand will soon be the new spokesperson for Benihana.

This is a copy of Benihana’s demand letter(?)/order(?) translated into English.

Photo Credit:  Cranker

Advertisements

~ by siouxsielaw on January 31, 2011.

11 Responses to “Kuwaiti Blogger Sued Over Bad Benihana Review”

  1. […] Benihana Kitchen Nightmares! The Side Talk: Mark & 248AM being sued over honest review Siouxsie Law: Kuwaiti Blogger Sued Over Bad Benihana Review American Girl In Kuwait: “BTW, are you Lebanese?” qEight: Local blogger in Kuwait sued by […]

  2. […] Benihana Kitchen Nightmares! The Side Talk: Mark & 248AM being sued over honest review Siouxsie Law: Kuwaiti Blogger Sued Over Bad Benihana Review American Girl In Kuwait: “BTW, are you Lebanese?” qEight: Local blogger in Kuwait sued by […]

  3. “we are bringing is a third party to the court order to oblige the person to close his website for violating the law of publishing and insulting others without legal authorization.”

    Is that just a bad translation or do you think they honestly require you to have legal authorization in order to publicly speak in negative terms about another party?

  4. According to Emory, Kuwaiti (civil) law is governed by the Civil Code, and the Code of Personal Status.

    Looking through them, they are highly Euro-oriented (as one would expect). The Commercial Code is particularly homogenized with other things you’d expect to see in, for instance, Belgium. And, since their civil laws are based largely off of the French model, I’d think you’re looking at standard civil code stuff: e.g., complaint, fast-tracked med/arb, etc.

    Given the above, I’ll make a prediction: a quiet kiss and make up, followed by a non-suit and a public apology by 2:48

    • Sounds reasonable. Though I predict that my new buddy Mark from 2:48 will never apologize. I don’t know him at all, but I feel safe in predicting this.

      • Me too. Didn’t seem unreasonable to me. But, just to have a case dismissed, even ones baseless like this, can put you through the ringer -emotionally and financially.

  5. Hi,

    Benihana (Kuwait) reaction was unwise in my opinion. This is a PR fiasco of major proportions for them. However, since this is a legal matter at this point, one needs to look at it from this perspective. Almost all countries have anti-defamation laws and Kuwait is not an exception. The question then becomes: was Mark’s review defamatory or slanderous? Did he accuse the company of doing something illegal without proof? That is the only justification for legal action in this case.

    I looked at his review and the plaintiff’s claim and I saw nothing that can be interpreted as such, except for one tiny remark were he mentioned that the chicken meat tasted like it was raw. Serving raw chicken meat in restaurants is illegal in Kuwait and his comment may be construed as him accusing them of committing a crime. This is a stretch, I know, but I don’t see any other legal bases for their ill advised action.

    I wish him good luck. At this rate, it will take Kuwait less than two years to become the world champion in wanton litigation.

    Cheers

    • I like your assessment. And I think the “raw chicken” comment is even weaker than you suggest. It is a Japanese steakhouse — clearly the chicken was cooked (they cook it in front of you). So there really is no way to construe that comment as accusing Benihana as serving raw meat. Agreed that this is a PR disaster.

  6. Well I lived in Kuwait for two years and I’m not that shocked. They have a way of making things seem bigger than they are 😀

    I’d agree with everyone else- there’s little basis for a real claim by Benihana. On that note I’d like to point out that I went to Benihana in Montreal last year and the food WAS bad even there, so maybe the restaurant is a biiit over-rated…

  7. we are bringing is a third party to the court order to oblige the person to close his website for violating the law of publishing and insulting others without legal authorization.”

    Is that just a bad translation or do you think they honestly require you to have legal authorization in order to publicly speak in negative terms about another party?

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

 
%d bloggers like this: