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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11753
Experience:  30 years as a practising solicitor.
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A member of staff set up a facebook page as have other individuals

Resolved Question:

a member of staff set up a facebook page as have other individuals using our cafe name we have no access as an admin so can only see content like any other visitor to the page, there was an incident in the cafe involving counterfit money which involved the police a snap shot of the offender was posted on the face book page along with two other customer pictures of customers the caption read be on the lookout for this man passing counterfit money, the other two customer pictures were removed minutes after posting as the customers saw them on the faceboof page and called to complain.
how do we stand in this matter ?
Submitted: 1 year ago.
Category: Scots Law
Expert:  JGM replied 1 year ago.
Thank you for your question.
The cafe name belongs to you as does all goodwill relating to the name. That means that you own what are known as the intellectual property rights to the name. You are entitled to protect that name in the interests of business and your reputation. Accordingly you are entitled as a matter of law to insist that the employee and any others do not use the name for their own use, whether paid or not.
If they don't shut down the accounts voluntarily my view is that you could go to court for an order to that effect.
I hope this helps. Please leave a positive response so that I am credited for my time.
Customer: replied 1 year ago.
Im sorry but the information I needed was to find out if we are held responsible for what is put on the sight
Customer: replied 1 year ago.
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Expert:  JGM replied 1 year ago.
You didn't ask specifically about that but the answer is that you are not responsible for any online material or content posted by other parties. You don't have control of that so you can't be responsible for it.
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