Q: Is it legal (in GA) to use a former employer's company and personal name in advertising, without permission?
This employee (actually subcontractor) left our company to serve a couple of our customers independently, and is a competitor. We had a non-compete, but it was signed in 2010, and our inadequate attorney didn't inform us of the GA law changing during that period, making it virtually unenforceable, so we dropped the case. But now she's using not only my company name, but personal name in brochures and on her website, as part of her qualifications/work history. Would love to get any specifics - laws, case law, etc., that I can review before spending even more money with my new (expensive) attorney. Thanks in advance.
A: If she is only using it to discuss her work history and qualifications, and assuming it is factual and true, then there is no real issue. This is even if your company name was trademarked (your company name can only be trademarked, not copyrighted, but your logo could be copyrighted). But, if she is using it more than just as a resume-like list of prior employers, then you could have a trademark issue, if you even have a trademark (or service mark). If they are using your logo, then you could have a copyright issue, but in order to sue you would have to register the copyright first and often times logos are too generic to be copyrightable.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
