Company wins LinkedIn tug of war

Posted: 22nd July 2013

A recent case shows how important it is to make sure that you keep control of the social networking channels created by your employees

LinkedInIt involves a company  some of whose employees created LinkedIn groups to promote the business. When they left and set up in competition, they took control of the groups with them. The High Court was called upon to consider the question of who should have ownership and control over the LinkedIn groups they had created.

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

The Court has ruled in the employer’s favour, granting it an interim injunction against the former employees, prohibiting them from use of the LinkedIn groups pending trial. The court has indicated various factors it will look at in the absence of a clear statement about rights of ownership in the social media.

We can advise you on these issues and provide you with a social media policy that deals with them. Call us on 01460 200450 or mail Michael Williamson