Hi,
I am in the process of starting a new business and require some help to ensure that I am not infringing on any IP.
In the past I worked for a company that has now been bought over by Oracle a massive company. I quit prior to this acquisition and it has been over a year since I have worked for them. Now I am setting up an IT business and 1 part of my business will focus on implementing and training clients on the Oracle system.
My non compete on my contract states
"
11. Non-Solicitation
11.1 You agree that for a period of 6 months following the termination of your employment for
whatever reason, you shall not, either personally, or as an employee, consultant or agent for any
other entity or employer, seek to;
(a) Solicit or carry out any work of the same nature for any client or customer of the
employer with which you had any contact or dealings with during your employment; or
(b) Solicit or engage or employ any employee of the employer with whom you had any
dealings during your employment."
From this, I understand that since it's been over the 6 months I am free to offer my services. Is that correct?
Now this is the tricky bit, on one of my pages I have it refer to Oracle|Micros which is the Business Unit that I have experience in and also the products that I can help implement and train on and support. Now I am unsure if listing their name and their products would be infringing on usage of their name/s as they are registered to the Oracle Corporation.
Could someone please let me know if I need to make a note that Oracle|Micros is a registered trademark of Oracle Australia etc..?
Thanks in advance!
I am in the process of starting a new business and require some help to ensure that I am not infringing on any IP.
In the past I worked for a company that has now been bought over by Oracle a massive company. I quit prior to this acquisition and it has been over a year since I have worked for them. Now I am setting up an IT business and 1 part of my business will focus on implementing and training clients on the Oracle system.
My non compete on my contract states
"
11. Non-Solicitation
11.1 You agree that for a period of 6 months following the termination of your employment for
whatever reason, you shall not, either personally, or as an employee, consultant or agent for any
other entity or employer, seek to;
(a) Solicit or carry out any work of the same nature for any client or customer of the
employer with which you had any contact or dealings with during your employment; or
(b) Solicit or engage or employ any employee of the employer with whom you had any
dealings during your employment."
From this, I understand that since it's been over the 6 months I am free to offer my services. Is that correct?
Now this is the tricky bit, on one of my pages I have it refer to Oracle|Micros which is the Business Unit that I have experience in and also the products that I can help implement and train on and support. Now I am unsure if listing their name and their products would be infringing on usage of their name/s as they are registered to the Oracle Corporation.
Could someone please let me know if I need to make a note that Oracle|Micros is a registered trademark of Oracle Australia etc..?
Thanks in advance!
