What can I do about a former employee pretending to still represent my business?

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What can I do about a former employee pretending to still represent my business?

We have a tattoo studio and he is using photos he isn’t authorized to use claiming they are tattoos we have done, but they aren’t. He is also posting awful things on our social networking page pretending to be us.

Asked on November 20, 2011 under Business Law, Louisiana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

This employyee may be--

1) Committing identify theft (claiming to be you)

2) Defaming your business (making untrue factual statements which damage your reputation)

3) Violating your intellectual property (e.g. trademark or copyright) if he is using any images of your art work

4) Committing tortious interference with an economic relationship or business (interferring with your business through the doing of improper acts. such as pretending to be you)

You may be able to sue him both for monetary compensation and to get a court order forcing him to stop doing this things. You should therefore consult with an attorney to explore your options, the cost of a lawsuit, what you might recover, etc.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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