Legal Question in Business Law in Michigan

using my literature

My former employee quit my company and started his own company using all my written aid literature and forms with only small modifications. Is there any way I can stop him from doing this?


Asked on 8/28/02, 1:24 pm

1 Answer from Attorneys

Russell Brown Brown & Associates, PLLC

Re: using my literature

It is distinctly possible that you former employee could be held accountable and monetarily responsible to you for his actions. However it is going to depend on many different factors, for example:

1) When he was hired, did he sign an employee contract with a do not compete clause in it?

2) Are these materials (in other words, your company's intellectual property) protected by any trademarks / servicemarks, or patents?

3) If you have created these documents, generally speaking, you already have a copyright on them, but have you made any attempt to formally copyright them?

4) Is this former employee trying to compete by taking away contracts you have with clients?

5) What type of materials are they? Are they simply general information available to the public, or are they industry specific materials that might include the intellectual property I have previously mentioned, as well as things like client lists, your internal pricing lists, operation costs, budgets, etc?

6) What policy and procedure manuals does you company have published?

Based upon you brief message, there are a lot more very specific questions that need to be asked and answered. I would recommend that you speak with an attorney who is familiar with business / employment law and intellectual property issues. I specialize in these areas and would be happy to talk to you about your former employee. If I can be any assistance to you please do not hesitate to contact me at the numbers enclosed

Respectfully Yours,

Russell D. Brown

Attorney & Counselor at Law

A Professional Limited Liability Corporation

3455 Burbank

Ann Arbor, Michigan 48105

(734) 668-4774

(734) 668-4710 fax

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Answered on 8/28/02, 10:47 pm


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