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Ask JGM Your Own Question

JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10085
Experience:  30 years as a practising solicitor.
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As company directors myself and my former partner started a

Customer Question

As company directors myself and my former partner started a couple of festivals as part of our events company. She has left (after taking a considerable amount of money from the company without any agreement - is that embezzlement?) but still is the main contact with the ticket agents who sell tickets for the festivals which are run at my venue. Who has the rights to the festivals? I think she has possibly registered their names however it was my understanding that the company who runs/produces the invention holds the rights. Is this correct? The festivals have been run through the company over the last three years using our staff and resources. Thanks
Submitted: 1 year ago.
Category: Scots Law
Expert:  JGM replied 1 year ago.
Thank you for your question. I am a Scots lawyer with a particular interest in intellectual property law which is what your question is about.
As to your first question, a company director can only take such remuneration as is agreed by the board. If she has taken more she could be pursued by the company through the civil courts for repayment. Embezzlement or fraud is a criminal offence more akin to stealing. That is probably not going to interest the police in this case unless there is evidence of dishonesty as opposed to her just taking too much remuneration. You would have to exercise judgment depending on the circumstances.
No one has an intellectual property right to a festival as such. Anyone can put on a festival. There is a right to a name and a right to intellectual property such as trademarks and any artistic work which is protected by copyright. So you could just put on a T in the Park or a Thinder in the Glen. These are protected names as will your name.
If your question is "can she put on her own festival?" then yes she can but she tries to put on the SAME festival you could apply to the court to stop her on the basis that she is in breach of her fiduciary duty owed by a director to the company.
In practice you should contact the ticket agents, say she has left and deal with the festival yourself.
I hope this helps. Please leave a positive response so that I am credited for my time.

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