I teach some financial strategies online, I made my students sign a document of non disclosure wherein i state that they cant share the stuff they learn - I do not have a patent on this strategy or the things i learn - so one student I believe made a fake profile to try and sell the strategies to other people, and he lives overseas in EU - I know he doesn't have any money - would it be worth suing him?
he says its one he made up himself/found, can I prove otherwise without a patent?
Im, not a licensed teacher or financial expert in btw
Also, is this written online taken as a threat: "answer my message or things will get ugly"
1 Answer from Attorneys
Suing is expensive and because the former student is not in the US you may need to sue the student in the student's home country which would likely be expensive and at the same time the home country may have different laws that do not protect intellectual property in the same manner that the US protects.
However there are other effective and cost effective measures that can be taken:
1) an attorney's cease and desist letter is often an effective tool to stop illicit or unlawful actions.
2) you should register your intellectual property rights (copyrights and trademarks) that are part of your teaching materials. This will not only protect you as against this student but will continue to protect you in the future.
3) direct legal action against ISPs and hosts (even foreign!) is often a very effective measure to limit the unlawful dissemination of infringing materials. Ideally you would first need to register the rights (see point 2 above) for this to be as effective as possible.
I have dealt with similar matters in the past. Please contact me on Monday.
Roman R. Fichman, Esq.
www.TheLegalists.com │ @TheLegalist
email: Info (@) TheLegalists (dot) com
t e l : 2 1 2 -- 3 3 7 -- 9 8 3 7
Disclaimer: This post has been written for educational purposes only and was not meant to be legal advice and should not be construed as legal advice or be relied upon. No intention exists to create an attorney-client relationship or any other special relationship or privilege through this post. The post may contain errors, inaccuracies and/or omissions. You should always consult an attorney admitted to practice in your jurisdiction for specific advice. This post may be deemed as Attorney Advertising.
Related Questions & Answers
Can I sue for exposure to asbestos three years ago Asked 12/03/17, 11:07 am in United States New York Personal Injury Law and Tort Law