Intellectual property

[Eloise01]

Re: Intellectual property

Never disappoint with the vitriol Eloise

The fact is that the previous employer would have to prove solicitation of clients, and that is when a contractual obligation exists; here there is none.
Of course the OP has to make his own mind up, I certainly would not be advising any course of action, you?

It is not vitriol to point out that the case you have quoted is an entirely different field of law! You never disappoint with the attempts to shit stir, do you? This is not about solicitation, comntractuial obligations or even restrictive covenants, which I established from the start do not apply. It is about intellectual property and ownership of said alleged property. The OP has made that clear, so they can also decide whose advice actually reflects the facts that they have stated.

Yes, I did advise a course of action - get legal advice to be certain of their position. What was yours - take the risk because you think, based on your reading of an entiely different area of law, that they would be safe?

[MissFM]

Re: Intellectual property

The letter is from a solicitor and says "we have been made aware you are contacting clients of ......... using client data you obtained from ....... whilst an employee or consultant in order to promote products of a competitor."

"This is a serious misuse of ........'s database and you clearly obtained the information whilst an employee and consultant. This is also a serious infringement of intellectual property and a breach by you of the Data Protection Act."

“Intellectual Property” law is a very specific area relating to original, creative and unique work – see here: http://www.ipo.gov.uk/types.htm. A data base or client list would not come into this category.
Just because someone gets a solicitor to write a threatening letter doesn’t make it correct or enforceable – the accusations are demonstrably false on the evidence above (ie the OP is NOT using the database in question). A list of names has nothing whatsoever to do with “intellectual property” – the solicitor has made a common mistake in using this term.

[gravytrain]

Re: Intellectual property

Point well made Miss FM

One I thought I had made on a previous post, that seems to have disappeared into the ether.

I am not sure it is a mistake though M, it is far easier to enforce a genuine case of stealing IP than a claim for taking clients, and so makes a much more effective threat to the uninitiated.

[PlanB]

Re: Intellectual property

I know nothing about the law relating to the OP's issue but my daughter experienced a similar threat recently. She was a self-employed music agent for 20 artists who were represented by one management company. She went to a new agency and all her artists wanted to follow her and so they did :music: Legal letters flew around for a few weeks until the artists voted with their feet and simply refused to sing/record/perform for the original company :tape:

In the end the first agency backed down on the basis of 'you can take a horse to water but you can't make it drink' (or sing in this case). There's probably no legal case law to back up the stubborn horse theory but it works in practice

What is your line of business ?

[gravytrain]

Re: Intellectual property

I know nothing about the law relating to the OP's issue but my daughter experienced a similar threat recently. She was a self-employed music agent for 20 artists who were represented by one management company. She went to a new agency and all her artists wanted to follow her and so they did :music: Legal letters flew around for a few weeks until the artists voted with their feet and simply refused to sing/record/perform for the original company :tape:

In the end the first agency backed down on the basis of 'you can take a horse to water but you can't make it drink' (or sing in this case). There's probably no legal case law to back up the stubborn horse theory but it works in practice

What is your line of business ?

Yes it is very had to prove, I had a similar experience a long time ago when I moved , many clients came with me, the original company made noises but ultimately there was nothing they could do.

Intellectual property is a completely different thing, this is the only aspect the OP needs to worry about and even this not so much.

[TUTTSI]

Re: Intellectual property

We have the same problems in the footy world - working for a well known footy Agents, if any of the employees leave and they look after the famous footballers after their contracts have ceased they are free agents to go with the employee to another agent if they so wish.

I know nothing about the law relating to the OP's issue but my daughter experienced a similar threat recently. She was a self-employed music agent for 20 artists who were represented by one management company. She went to a new agency and all her artists wanted to follow her and so they did :music: Legal letters flew around for a few weeks until the artists voted with their feet and simply refused to sing/record/perform for the original company :tape:

In the end the first agency backed down on the basis of 'you can take a horse to water but you can't make it drink' (or sing in this case). There's probably no legal case law to back up the stubborn horse theory but it works in practice

What is your line of business ?