NSW How can people get away with this

Discussion in 'Intellectual Property Law Forum' started by greg478, 22 February 2018.

  1. greg478

    greg478 Member

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    Hi There,

    We have been assembling a portable product in China for the past 5 years. Since then there have been a number of similar products enter into the market. Thankfully we have a strong hold due to branding and our product can be found in over 200 stores around Australia.

    Late last year after 5 years in the market we decided to release a new product range to complement our portable product. This time I wanted to do things smarter, So we patented a bracket system for product A and signed a international trading agreements for product B (not international trading agreement was with the patent holder of a great product)

    We subcontract a couple to travel to trade shows and promote our portable device which involved education and demonstration of the portable product. We also launched the 6 new products through them at these trade shows.

    These subcontractors where paid on commission, Hired in June 2017 and they resigned in December 2018 on good terms.

    January 15th we found them at a trade show we were at with a opposition branded portable devise and displaying similar designed accessories that we had been rolling out since August 2017. I found out from research they registered their new business name in September 2017 while they where still working for us under an agency agreement and had shared all of our company information with our opposition company.

    e.g opposition company has been selling portable devise also for some time but never developed the product or accessories, but now they have a similar copy of our new entire range.

    These subcontractors (agents) where given special training on the product all of our business strategies, trade expo secretes. I went back through the kit they handed back into us on their last day and found they had been crossing out our phone numbers one our broachers and putting their telephone numbers on the broachers. The same number now printed on their van and trailer.

    What annoys me the most is that they where working against us the entire time. They signed a confidential agreement and where the face of our company for the past 6 months. So customers can easily mistake them for us moving forward.

    Any help or advise will be appreciated.

    Thanks
    Greg
     
  2. Leonard Mancini

    LawTap Verified

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    This is not an uncommon scenario. It will come down to proof and evidence. What they did sounds like they breached confidentiality and fiduciary duties. If it can be proven. Not an easy case to run in court and the remedies are not great. If they have assets you can probably hit them up for those if you can prove damage to your business. We have run cases in court on matters very similar in recent years. The employers case failed through lack of evidence to prove the case. Would be happy to chat to you to consider and discuss your options.
     
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