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Legal Remedies For Breach
Summary
In cases of breach of non-disclosure and non-compete agreements, you can seek damages for financial losses, loss of business, and profits made by the designer using your information. Consider obtaining an injunction to prevent further use of trade secrets and address website plagiarism through copyright infringement claims. Sending a cease and desist letter can formally demand the cessation of unlawful activities. Consulting with a solicitor specializing in intellectual property and contract law is advisable to explore these options further.Full Conversation
So I run a company manufacturing CDand vinyl. We had employed the services of a designer from * till June *. In june *, he just stopped arriving to work and we never saw him.
Thanks for the information, ****. Are you seeking guidance on how to address the designer's sudden absence or is there another specific aspect of the situation you'd like assistance with?
So - he signed a standard contractor agreement. Along with ND and anti-competition agreement. The NDA covers us for all trade secrets he had access to for 3 years, this mean contact of important decision makers in companies, took the entire customer database of over * contacts. He then plagurism our website, and although he did lived far from the office, for some reason he listed the company premises out of the same area as where my company is located, He registered and started work on his company at the same time as when we had him working on my the official company website, during which he had access to all secrets and knowhow, techniques etc. what are the options for financial remedy
Hi ****, I'm sorry to hear about your situation. Here are some general steps you can consider for financial remedy:
- **Breach of Contract**: Seek damages for breach of the non-disclosure and non-compete agreements.
- **Injunction**: Obtain a court order to prevent further use of your trade secrets.
- **Damages**: Claim for loss of business and any profits made by the designer using your information.
- **Intellectual Property**: Address the plagiarism of your website through copyright infringement claims.
Consult with a solicitor specializing in employment and intellectual property law to explore these options further.
- **Breach of Contract**: Seek damages for breach of the non-disclosure and non-compete agreements.
- **Injunction**: Obtain a court order to prevent further use of your trade secrets.
- **Damages**: Claim for loss of business and any profits made by the designer using your information.
- **Intellectual Property**: Address the plagiarism of your website through copyright infringement claims.
Consult with a solicitor specializing in employment and intellectual property law to explore these options further.
I wiah to seek damages to the fullest - our business has been affected with him unexcusibly setting shop us near our premises. Further, what took 18 years of personal hard work to create, source out suppliers, to build reputation, and then to find suppliers global to give is a price avantage - it all took a long time. This person stole all that know how, secrets, client lists, templates, editing techniques, - what ordinarily takes years of hands on knowledge - he abused his position, and no regard for the NDA and anti competition, he started a business with all that trade secret knowledg. Even as far as copying our website, in colour, page layouts, and almost word for word plaugerism ,
Hi ****, I'm sorry to hear about the difficulties you're facing. Given your situation, here are some additional steps you might consider:
- **Cease and Desist Letter**: Send a formal letter demanding the designer to stop using your trade secrets and to cease operations.
- **Legal Action**: File a lawsuit for breach of the NDA and anti-competition agreement, as well as for copyright infringement.
- **Damages**: Seek compensation for financial losses, including loss of profit and business opportunities.
Have you consulted a solicitor specializing in intellectual property and contract law?
- **Cease and Desist Letter**: Send a formal letter demanding the designer to stop using your trade secrets and to cease operations.
- **Legal Action**: File a lawsuit for breach of the NDA and anti-competition agreement, as well as for copyright infringement.
- **Damages**: Seek compensation for financial losses, including loss of profit and business opportunities.
Have you consulted a solicitor specializing in intellectual property and contract law?
Yes a lawyer will be required. at this stage I wish to send a letter - draft a typlica
Certainly, ****. Here is a template for a cease and desist letter that you can use as a starting point. Please review it and adjust it to fit your specific needs:
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[Your Company’s Name]
[Your Company’s Address]
[City, Postcode]
[Date]
[Designer’s Name]
[Designer’s Address]
[City, Postcode]
Dear [Designer’s Name],
**Re: Cease and Desist – Breach of Non-Disclosure and Non-Compete Agreement**
We are writing to formally demand that you cease and desist from all unlawful activities that constitute a breach of the non-disclosure agreement (NDA) and non-compete agreement you signed with [Your Company’s Name] on [Date of Agreement].
It has come to our attention that:
- You have misappropriated confidential information and trade secrets, including but not limited to our client lists, supplier contacts, and proprietary techniques.
- You have established a competing business within [specific area or distance], violating the terms of our non-compete agreement.
- You have engaged in plagiarism of our website content, including design, layout, and textual content.
These actions have caused significant harm to our business, including loss of revenue, clients, and competitive advantage
---
[Your Company’s Name]
[Your Company’s Address]
[City, Postcode]
[Date]
[Designer’s Name]
[Designer’s Address]
[City, Postcode]
Dear [Designer’s Name],
**Re: Cease and Desist – Breach of Non-Disclosure and Non-Compete Agreement**
We are writing to formally demand that you cease and desist from all unlawful activities that constitute a breach of the non-disclosure agreement (NDA) and non-compete agreement you signed with [Your Company’s Name] on [Date of Agreement].
It has come to our attention that:
- You have misappropriated confidential information and trade secrets, including but not limited to our client lists, supplier contacts, and proprietary techniques.
- You have established a competing business within [specific area or distance], violating the terms of our non-compete agreement.
- You have engaged in plagiarism of our website content, including design, layout, and textual content.
These actions have caused significant harm to our business, including loss of revenue, clients, and competitive advantage
We will for you to provide full disclosure in terms of all know how, you have taken or utilised in your business. The work on your site even started whilst you wherer employed as a contractor at DW. Sesnd a list of your clients, which suppliers you used for which job, and your full accounts since you started. Both Pre and post limited company.
Hi ****,
In response to your recent message, it seems like you want to include a request for full disclosure in your cease and desist letter. Here's an updated template incorporating that request:
---
[Your Company’s Name]
[Your Company’s Address]
[City, Postcode]
[Date]
[Designer’s Name]
[Designer’s Address]
[City, Postcode]
Dear [Designer’s Name],
**Re: Cease and Desist – Breach of Non-Disclosure and Non-Compete Agreement**
We are writing to formally demand that you cease and desist from all unlawful activities that constitute a breach of the non-disclosure agreement (NDA) and non-compete agreement you signed with [Your Company’s Name] on [Date of Agreement].
It has come to our attention that:
- You have misappropriated confidential information and trade secrets, including but not limited to our client lists, supplier contacts, and proprietary techniques.
- You have established a competing business within [specific area or distance], violating the terms of our non-compete agreement.
- You have engaged in plagiarism of our website content, including design, layout, and textual content.
These actions have caused significant harm to our business, including loss of revenue, clients, and
In response to your recent message, it seems like you want to include a request for full disclosure in your cease and desist letter. Here's an updated template incorporating that request:
---
[Your Company’s Name]
[Your Company’s Address]
[City, Postcode]
[Date]
[Designer’s Name]
[Designer’s Address]
[City, Postcode]
Dear [Designer’s Name],
**Re: Cease and Desist – Breach of Non-Disclosure and Non-Compete Agreement**
We are writing to formally demand that you cease and desist from all unlawful activities that constitute a breach of the non-disclosure agreement (NDA) and non-compete agreement you signed with [Your Company’s Name] on [Date of Agreement].
It has come to our attention that:
- You have misappropriated confidential information and trade secrets, including but not limited to our client lists, supplier contacts, and proprietary techniques.
- You have established a competing business within [specific area or distance], violating the terms of our non-compete agreement.
- You have engaged in plagiarism of our website content, including design, layout, and textual content.
These actions have caused significant harm to our business, including loss of revenue, clients, and
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