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A former employer is personal information one the web says she is sueing me for intellectual property rights violation.

Asked over 2 years ago - Atlanta, GA

I worked for 2 months for a small INTERNET children's boutique. I was here only sewer. After she hired another sewer she asked that I sign a non-compete. It was vague(she got from the net) and I refused because I felt like it took away my trade. She fired me which was coming anyway! Now without a job I went into direct competition with her as well as the many pettiest providers on the web. now she is claiming that I copied her pictures, ideas, fashion designs, & website. None are true. She has been in business 2 years. She is not the first and the market is very competitive thats why I went for it. She makes false claims as concrete truth posting these statements on the web and encouraging her clients to email us and bash our website. She even identified my daughter on my website.

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Yes! On her bolg she told all users and her customers to check us out and leave comments on our website and blog. I have photographers leave emails saying things "you claim to be a Christian yet you steal and copy her pictures" (which we did not) That fact that I am a Christian is not available on my website or blog, so she is clearly sharing information about me and my co through e mails to other people in this business. I however have remained silent and collected all information. She has removed the post from her blog mentioning my business specifically however the damage is already done.

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Attorney answers (2)

Pamela Koslyn

Reputation Level 20

Answered over 2 years ago. Intellectual Property Law Attorney in Los Angeles, CA.

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As of now, you don't have an IP problem, you have a possible claim for defamation for her accusations regarding your alleged misappropriation of her "pictures, ideas, fashion designs, & website," and for her statements attempting to interfere with your business and website. Have any of "her" clients emailed you to bash your website? As for identifying your daughter (presumably a model for your products), this may be a violation of private facts, but smply identifying your model as your daughter doesn't seem to be actionably invasive. Possibly the best approach to these state law claims is to hire a lawyer to send her a cease and desist and demand that she take down the defamatory, unfairly competing, and interfering offending statements, and address her failed attempt to get you to sign a non-compete contract.

The other aspect of the situation is the potential need to defend yourself if she does file suit against you for taking her "pictures, ideas, fashion designs, & website." She will first have to establish that she has some ownership claim to any of this IP. She may have copyrights to the pictures and her website, but ideas and fashion designs are not protectible.

You may also choose to simply ignore her and her attempts to compete unfairly with you, and go on competing so that the market can decide whose products are better.

Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.

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