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Can I teach students after learning from a tutor ?
06-Dec-2023 (In Trademark & Copyright Law)
Dear Sir, I have completely my training course from one of the institute and now i have recently started giving training to students as freelancing. Now the trainer who trained me is blackmailing me to stop the training he is blackmailing by saying that i will put up a legal case and make your employment stop and so on.. Am giving the training by taking information from google ( which is completely public data ) am not using any of his information its just i got trained under him and for that reasons because of igo and competition he is not allowing me to do it and his firm also not registered in the market seems it is partner deed registration. So can you please advise me how to deal with this if he proceed legally
Hi
Your trainer cannot put any restrictive covenants on you and he has no right to restrain you from utilising your skills.
All you need to ensure is that
a) You do not use any of the contents(user manuals, books, presentations, publications) that have been provided by your trainer .
b) you should not copy or infringe or use his training content, brand name etc
c) You should not do any activity so as to divert the students of your trainer to your training academy.
if you comply with all of the above points, your trainer has NO right to restrain you. Alternatively you have every right to pursue a defamation case and a criminal case against your trainer.
Article 19 and 21 of Indian constitution grants rights to its citizens to pursue any employment, trade, profession as per their wishes and no person can restrain this right.
Your trainer cannot put any restrictive covenants on you and he has no right to restrain you from utilising your skills.
All you need to ensure is that
a) You do not use any of the contents(user manuals, books, presentations, publications) that have been provided by your trainer .
b) you should not copy or infringe or use his training content, brand name etc
c) You should not do any activity so as to divert the students of your trainer to your training academy.
if you comply with all of the above points, your trainer has NO right to restrain you. Alternatively you have every right to pursue a defamation case and a criminal case against your trainer.
Article 19 and 21 of Indian constitution grants rights to its citizens to pursue any employment, trade, profession as per their wishes and no person can restrain this right.
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Adv. Rajagopalan
Hyderabad | 500+ Answers
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