Will I go to Jail for this? What are my chances of winning this case?
08-Aug-2023 (In Trademark & Copyright Law)
I recently received a cease & desist notice from my previous employer asking me to shut down my eCommerce website as it looks similar to his & I accidentally used 2-3 of the Images he clicked himself & claims as copyrighted Images.
I started this similar website when I was working for the employer but he found out & fired me for competition. We did not sign any non-compete or NDA whatsoever but the cease & desist notice says even if I did not sign it I'm bound to it.
The eCommerce website is a dropshipping website ie- all product images are available on Chinese websites like Aliexpress but he says he owns the copyright to everything & as I have worked with him I cannot even use the same suppliers & says I had access to trade secrets when I never did. My only work was to process orders received at my employer's website & we never even talked much.
He has also to provide him an account of profits made from Images of his. (He is from Israel but has hired a freelancer/firm to send notic
this cease and desist notice is a purely a step towards a civil action; you won't go to jail for it. however you might have to shut new your business and surrender your profits (that you've so far made from it) to your former employer.
Under contract law, normally employment terms of NDA, non - compete complete clauses are very normal and would be even more crucial in an ecommerce landscape. Unless such a term is there they cannot sue/recover damages under contract; however breach of confidentiality can happen outside of a contract. you have to take down the pictures.. as copyright issues are a problem, and can raise a few trademark violationcl concerns if the website or its presentation is so similar to the employer's that people associate it with the original one or are misled to believe taht they are the same... moreover you have no right in law to benefit from the goodwill generated by his website.. and you may get in to trouble if you fail to prove that yours is a distinct and independent idea
Under contract law, normally employment terms of NDA, non - compete complete clauses are very normal and would be even more crucial in an ecommerce landscape. Unless such a term is there they cannot sue/recover damages under contract; however breach of confidentiality can happen outside of a contract. you have to take down the pictures.. as copyright issues are a problem, and can raise a few trademark violationcl concerns if the website or its presentation is so similar to the employer's that people associate it with the original one or are misled to believe taht they are the same... moreover you have no right in law to benefit from the goodwill generated by his website.. and you may get in to trouble if you fail to prove that yours is a distinct and independent idea
you will not go to jail but you could be penalized if you continue to use his images and face repercussions from him. you have to respond to his cease and desist notice and then take it from there. once you have shared a copy of cease and desist notice then we could be able to advice you more.
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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