QUESTION
i am looking into filing a cease and desist order against former employees that are infringing on my rights and products.my question is who to include
Asked on Jan 23rd, 2013 on Intellectual Property - Georgia
More details to this question:
i own an entertainment company of which is home to home 6 different bands.these bands offer shows that are performed are elaborate tribute shows of which use backing tracks of which were obtained and purchased by me.i recently have had some former employees try and book exact replicas of my shows ..using other former employees ...using the above mentioned tracks..into rooms that i booked them in over the last 10 years and booking thru the same contact that i have used for years..for less money...i know that i am going to write a cease and desist to the former employees that are confusing people by putting out an inferior product...but do i also send a cease and desist to the clubs that are booking these groups.ive reached out to all parties to try and settle this without pursuing legal measures but up until now they are not budging....my hope is at worst if i send them a cease and desist letter that they will stop what they are doing and no further legal action will come.....thoughts?
1 ANSWER
Before you send out cease on desist letters, you need to establish that you have some rights that have been violated. You should discuss the situation in detail with a local lawyer. For example, did you have a contract with these former employees that contained a non-compete clause? Did these employees copy any script that you created for these shows? Are the tracks original music created for you or music that is available from other sources. If the tracks were created for you, did you obtain the copyright in the music, and if so, did the former employees copy your tracks or independently reproduce them. These are only some of the questions that need to be answered before you send out a cease and desist letter to anyone, unless you want to find yourself on the wrong end of an unfair competition law suit. While it may seem unfair, it is possible that there is nothing you can do to stop these former employees if the answers to the above questions indicate that you have no enforceable rights in these shows.
Answered on Feb 08th, 2013 at 3:22 PM