Stopped Working With Company Old Posts Have Trademark

Stopped Working with Company: Old Posts & Trademark Issues

This article addresses the common and often tricky situation of having created content for a company you no longer work for, and that content contains their trademarks. Understanding your rights and responsibilities is crucial to avoid legal issues and maintain a positive online presence. This guide covers the key aspects you need to consider.

What are the potential problems? Leaving a job doesn't automatically erase your online footprint. If your old blog posts, social media updates, or website content prominently feature a former employer's trademarks, you could face legal challenges. This is especially true if you continue to profit from this content, even indirectly. Understanding trademark infringement is vital.

Understanding Trademark Infringement

A trademark is a symbol, design, or phrase legally registered to represent a company's brand. Using a trademark without permission could lead to a cease and desist letter, legal action, and financial penalties. The severity depends on several factors, including the extent of trademark use, your intent, and the potential for consumer confusion.

Assessing Your Risk

Before taking any action, assess your risk level. Consider these factors:

• Type of content: Are your posts primarily informational, or do they strongly endorse the company's products or services? The more promotional the content, the higher the risk.
• Trademark prominence: Is the trademark used frequently and prominently? Is it the central focus of the content?
• Your current activities: Are you still using the content to generate income or drive traffic to a personal website? This is a major risk factor.
• Company's past actions: Has the company shown a history of aggressively protecting its intellectual property?
• Content visibility: How widely accessible is the content? A private blog has less risk than a publicly indexed website receiving substantial traffic.

Options for Dealing with Old Posts

You have several options, each with its pros and cons:

• Remove the content entirely: This is the safest option, eliminating any potential for future legal issues. It's simple but means losing potentially valuable content. Consider archiving a private copy for personal reference.
• Request permission to keep the content: Contact your former employer and formally request permission to keep the posts. Be prepared for them to request changes or even removal. This demonstrates good faith, but it is not guaranteed.
• Modify the content: If possible, edit your posts to remove or minimize the use of trademarks. This might involve replacing brand names with generic terms or paraphrasing to avoid direct mentions. Be cautious not to change the original meaning of the content or use misleading language.
• Negotiate a licensing agreement: In rare cases, you might negotiate a licensing agreement with your former employer to use the content. This is less common unless the content has exceptional value.

Preventing Future Issues

To avoid similar situations in the future:

• Clearly define intellectual property rights in contracts: Before starting any work, ensure contracts explicitly address ownership and usage rights of the created content.
• Maintain separate personal and professional work: Clearly separate any personal branding from your company work.
• Use generic terms where possible: While showcasing client work is valuable, focus on showcasing your skills rather than using brand names excessively.
• Regularly review your online presence: Periodically review your online content to ensure compliance with all relevant rules and regulations.

This information is for guidance only and does not constitute legal advice. If you have serious concerns, consult with a legal professional specializing in intellectual property law. They can provide tailored advice based on your specific circumstances and jurisdiction.