Cheeky F*********** ex employee/know any hackers??

[paul001]

Recently one of my employees decided to leave and setup a rival company, alhtough slightly peeved about it I let it go as business is business etc and I really couldnt be bothered nor have the time to take him to court etc. I now find out his company name is basically a rip off of ours and he's using our customers where he did work as refernce sites on his website.

I really want to get into his site and it all up, does anyone know anyone capable of this???

[custardtart]

paul001 said:

Recently one of my employees decided to leave and setup a rival company, alhtough slightly peeved about it I let it go as business is business etc and I really couldnt be bothered nor have the time to take him to court etc. I now find out his company name is basically a rip off of ours and he's using our customers where he did work as refernce sites on his website. I really want to get into his site and it all up, does anyone know anyone capable of this???

If you have an employment contract they signed it might say they aren't allowed to set up in competition for x amount of time or contact your customers.
If not get one it's worth it.
Don't go after the web site, it's easy to do but they can easily find out you violated it if your hacker is no good and you put the whole company at risk.
If the name/identity really is similar then talk to a solicitor about copyright infringement.
Stay legal though or you build a rod for your own back having said that there are lots of legal ways to make business tough for a competitor.

[PetrolTed]

If the name is similar then you could have him for passing off or trademark infringement.

[Eric Mc]

If you have a registered trade mark!

However, even if you haven't, you might be able to get a court injunction against him if he seems to be passing himself off as either being your business or operating in connection with your business.

As has already been mentioned, you might have a clause in the original employment contract which prohibits him from doing what he is doing.

[PetrolTed]

True, although there is trademark protection available through long term usage although it's not as clear cut as if you've registered it.

Ted
PistonHeads.com ®

[JonRB]

Definitely a case of "passing off" if his company name is similar to yours and he is in the same line of work. THe case is strengthened by him claiming your customers are his own.

First stop would be a "cease & desist" style solititors letter advising him of this and that you will be pursuing him in the courts.

[iaint]

I would contact a solicitor who specialises in trademark infringement and business law. The ex employee is bound be the employment contract (assuming you have a half decent one) and should be excluded from contacting any previous customers (although this does happen regularly and isn't often challenged).

Work done while employed by your company cannot be claimed by his company even though he did it. Having references to things on your CV is acceptable but this is taking the pee.

Whatever you do don't get someone to hack the site, get it taken down legally. He's obviously trying to trade off your companies name and that is usualy enough to get a ruling against him.

Make sure you keep evidence of the web site infringements, etc.

Iain

[Muncher]

Might also be worth getting in contact with his hosting provider and ask then to pull the site, in the light of what he's doing.

[JonRB]

Muncher said:

Might also be worth getting in contact with his hosting provider and ask then to pull the site, in the light of what he's doing.

And if his domain name is sufficiently close to your own, then start a domain dispute with the appropriate body (eg. Nominet if it is a .*.uk address). It would be quite amusing to take his domain name away from him.

>> Edited by JonRB on Thursday 23 September 10:58

[paul001]

thanks for the suggestions, I really don't have the time or energy at present to pursue it legally, his website doesn't look like ours and basically the company name is half ours, the first half is different but basically means the same, i.e if you looked ours up in a thesauras then one of the sugggestions for an alternative would be the one he has used!

I just figured if i went anonymously to a good hacker it would cause some pain + I think it would give me some satisfaction!!!

[JonRB]

paul001 said:

thanks for the suggestions, I really don't have the time or energy at present to pursue it legally

I still maintain that it's worth a solitor's letter just to put the wind up him a bit. Surely you have the time for a 10 min phone call to your solicitor?

[samn01]

paul001 said:

Recently one of my employees decided to leave and setup a rival company, alhtough slightly peeved about it I let it go as business is business etc and I really couldnt be bothered nor have the time to take him to court etc.

I am sorry there is nothing you can do anyway even if you do have an employment contract that says he cant work in this industry etc for 6 months, The European Parliament says he can. Any person has the right to earn a living in the easiest way possible to them no matter what that might be (provided its legal) Also see Bosman ruling.

paul001 said:

I now find out his company name is basically a rip off of ours

Again if your company is called "Fast Cabs" and he calls his company "Quick Cabs" or "Rapid Taxis" there is nothing you can do unless it is a out and out copy I.E "Fast Cab" (without the s)

paul001 said:

and he's using our customers where he did work as reference sites on his website.

That is not on! And a letter telling him if the info is not removed you will get solicitors involved should get it taken down pronto.

paul001 said:

I really want to get into his site and it all up, does anyone know anyone capable of this???

Not advised or you will be the one who ends up looking unprofessional, can you imagine if he ever found this thread and printed it to show your customers? You may end up loosing more than you gain if you use underhand tactics.