Legal Question in Business Law in Florida

My previous employee tells me that I can not mention his business name in my brochures as my previous employer showing my experience there in my new business which is the same kind of business. I use personal references of those who previously worked there also and state that in my brochures. He also does not want me to use any of the pictures, lists, prices etc.etc. that is in their handbook. Their pictures and products are not copyrighted. And I did not sign a no compete clause. Should I be worried about their threats?

Asked on 7/27/09, 6:57 pm

1 Answer from Attorneys

Sarah Grosse Sarah Grosse, Esquire

There is no law against stating the business name of your previous employer absent a confidentiality agreement which prohibits this disclosure. However, you may not use pictures, lists, prices, etc. etc. of the employer if he does not give you permission. It does not matter that there is not a copyright notice on the employer's pictures and such -- copyrights are created by common law at the time the work is fixed into a tangible medium. So, yes, you should worry about their threats if they demand you cease using their pictures and such. You can't do that. But, you can state your previous employer's business name in your brochures if everything you say is factually correct.

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Answered on 7/27/09, 9:28 pm

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