Discussion:
What is the name of your state? Iowa
A former employee that left my company to start his own company is now using pictures in his advertising of work that was done by my company. (He used my equipment, he was paid as an employee.) Those references belong to my company not his. It is also misleading to the public because these pictures on his website and yellow pages appears to be work done by his new company when in fact they are pictures (references) for our company!
I need the legal reasons WHY this is illegal. (Is it fraud since it is misrepresenting his company? Is it intellectual property of my company therefore illegal for him to use in his advertising?)
Then, how should I proceed? Restraining order? Court? How much will I spend to fight this?
Thanks!
Answer:
What is the name of your state? Iowa
A former employee that left my company to start his own company is now using pictures in his advertising of work that was done by my company. (He used my equipment, he was paid as an employee.) Those references belong to my company not his. It is also misleading to the public because these pictures on his website and yellow pages appears to be work done by his new company when in fact they are pictures (references) for our company!
I need the legal reasons WHY this is illegal. (Is it fraud since it is misrepresenting his company? Is it intellectual property of my company therefore illegal for him to use in his advertising?)
Then, how should I proceed? Restraining order? Court? How much will I spend to fight this?
Thanks!
Q: How much will I spend to fight this?
A: $20K minimum.
Answer:
Q: How much will I spend to fight this?
A: $20K minimum.
But what legal issues are involved here?
What would be my argument?
I feel that I have already lost over $20K in damages. So that figure would not stop me from fighting this.
Answer:
But what legal issues are involved here?
What would be my argument?
I feel that I have already lost over $20K in damages. So that figure would not stop me from fighting this. Next question:
Does this bad person have $20K to pay you back (and here I am assuming you can prove that amount of damages)?
Answer:
Next question:
Does this bad person have $20K to pay you back (and here I am assuming you can prove that amount of damages)?
I believe so. He is paying at least that in his yellow page ad that has MY picture on it referring to his website that is FULL of MY references!
When you consider that one job can bring in as much as $12,000.00 it will not take much to prove that he is using my references to get work.
How about the first questions...
But what legal issues are involved here?
What would be my argument?
Answer:
I believe so. He is paying at least that in his yellow page ad that has MY picture on it referring to his website that is FULL of MY references!
When you consider that one job can bring in as much as $12,000.00 it will not take much to prove that he is using my references to get work.
How about the first questions...
But what legal issues are involved here?
What would be my argument? Well, he's stealing from you but I will let the IP lawyers give you the rest of the scoop.
Answer:
Well, he's stealing from you but I will let the IP lawyers give you the rest of the scoop.
I am not even seeking damages. I just want him to stop using MY references. When I asked him nicely to stop he said that he is not doing anything wrong.
Maybe a letter from an attorney would all that would be needed.
I actually do not WANT to take him to court...I WANT him to simply stop using MY references.
Any thoughts how this can be done?
Answer:
I am not even seeking damages. I just want him to stop using MY references. When I asked him nicely to stop he said that he is not doing anything wrong.
Maybe a letter from an attorney would all that would be needed.
I actually do not WANT to take him to court...I WANT him to simply stop using MY references.
Any thoughts how this can be done? Q: Any thoughts how this can be done?
A: Yes. Either take him to court (which you say you do not want to do) or a letter from a lawyer threatening to take him to court. Since I don't know the guy, I don't know what would work on him. Maybe you could send Uncle Vito over to 'splain things to him.
Answer:
Q: Any thoughts how this can be done?
A: Yes. Either take him to court (which you say you do not want to do) or a letter from a lawyer threatening to take him to court. Since I don't know the guy, I don't know what would work on him. Maybe you could send Uncle Vito over to 'splain things to him.
(>>> aside.... Uncle Vito is on vacation... Uncle Rizzo is filling in.)
Okay... continue.
Answer:
(>>> aside.... Uncle Vito is on vacation... Uncle Rizzo is filling in.)
Okay... continue. I had heard Uncle Vito had had a terrible accident...tripped on a knife and stabbed himself...
37 times....
Answer:
I had heard Uncle Vito had had a terrible accident...tripped on a knife and stabbed himself...
37 times....
I heard the SAME story! well... almost the same there were stairs and a jar of olives involved... spooky.
Answer:
(>>> aside.... Uncle Vito is on vacation... Uncle Rizzo is filling in.)
Okay... continue.
Hey guys, great suggestions, But does anyone else have any IP legal advice?
(not that I don't value the Uncles Vito and Rizzo suggestions! )
Answer:
What is the name of your state? Iowa
A former employee that left my company to start his own company is now using pictures in his advertising of work that was done by my company. (He used my equipment, he was paid as an employee.) Those references belong to my company not his. It is also misleading to the public because these pictures on his website and yellow pages appears to be work done by his new company when in fact they are pictures (references) for our company!
I need the legal reasons WHY this is illegal. (Is it fraud since it is misrepresenting his company? Is it intellectual property of my company therefore illegal for him to use in his advertising?)
Then, how should I proceed? Restraining order? Court? How much will I spend to fight this?
Thanks! It's probably not fraud, and even if it is, it would be pretty hard to prove.
If the photographs were made while he was an actual employee of yours (and employee is defined by your state laws, but usually requires that he was given a W2 at the end of the year, and you withheld taxes from his paycheck), then you indeed own the copyright to these photos, and his use of the photos without your permission is copyright infringement.
As SJ noted, maybe a cease-and-desist letter from an attorney would be enough to scare him into stopping. However, if that fails, you will need to take this to court.
If the photographs have not been registered with the U.S. Copyright Office, you'll need to do that before you can take legal action in court. You can do download the forms at , it costs around $35 to register a photo, you can fill out the forms yourself, they are easy.
Once you have registered your copyrights, you can file a complaint against the former employee in your local federal court. You can sue for injunctive relief as well as monetary damages. Talk with your lawyer -- if you've got a strong case, you might be able to settle this quickly, especially if you can live without damages. First off, if he can't afford to mount a defense, he'll probably settle. However, if he does mount a defense, if he was clearly an employee when the photos were taken, and he took the photos with them, and he is using them now, then you might be able to get a permanent restraining order even at the summary judgment stage. Talk with a lawyer, he or she will be able to give you some idea of the costs involved and the time frame to get this done.
Answer:
Hey guys, great suggestions, But does anyone else have any IP legal advice?
(not that I don't value the Uncles Vito and Rizzo suggestions! )
Hey, divgradcurl might be by in the afternoon, he might have a suggestion, sorry for the little jokes.
Answer:
It's probably not fraud, and even if it is, it would be pretty hard to prove.
If the photographs were made while he was an actual employee of yours (and employee is defined by your state laws, but usually requires that he was given a W2 at the end of the year, and you withheld taxes from his paycheck), then you indeed own the copyright to these photos, and his use of the photos without your permission is copyright infringement.
As SJ noted, maybe a cease-and-desist letter from an attorney would be enough to scare him into stopping. However, if that fails, you will need to take this to court.
If the photographs have not been registered with the U.S. Copyright Office, you'll need to do that before you can take legal action in court. You can do download the forms at , it costs around $35 to register a photo, you can fill out the forms yourself, they are easy.
Once you have registered your copyrights, you can file a complaint against the former employee in your local federal court. You can sue for injunctive relief as well as monetary damages. Talk with your lawyer -- if you've got a strong case, you might be able to settle this quickly, especially if you can live without damages. First off, if he can't afford to mount a defense, he'll probably settle. However, if he does mount a defense, if he was clearly an employee when the photos were taken, and he took the photos with them, and he is using them now, then you might be able to get a permanent restraining order even at the summary judgment stage. Talk with a lawyer, he or she will be able to give you some idea of the costs involved and the time frame to get this done. Thank you very much!
Yes I have all the records (from the state and federal) and proof that he was an employee using my equipment working on jobs that were contracted by my company. I have even used some of the photos that he is using in MY advertising!
I will do exactly as you have said!
(Much better advice than calling uncle Vitto!)