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LinkedIn Tug of War Resolved

PLEASE NOTE: Information in this article is correct at the time of publication, please contact DFA Law for current advice on older articles.

When key staff left a publisher and set up in competition, the High Court was called upon to consider the question of who should have control over the LinkedIn groups they had created – the former employees or their erstwhile employer.

The question of ownership could have been decided easily had the issue been dealt with in the employees’ contracts of employment. As it was, the employer’s failure to have appropriate contractual terms in place led to the cost of a hearing in the High Court.

The Court ruled in the employer’s favour, granting it an injunction against the former employees prohibiting them from use of the LinkedIn groups.

“Protecting the ownership and control of social networking channels is an important issue for many businesses,” says Clare Towers. “If you have not taken steps to do so, contact us for advice.”

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