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NSW Trademark and IP Australia - Avoiding IP Infringement?

Discussion in 'Intellectual Property Law Forum' started by asbindia, 20 October 2015.

  1. asbindia

    asbindia Member

    Joined:
    20 October 2015
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    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!
     
  2. Therese

    Therese Well-Known Member

    Joined:
    11 October 2015
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    Hi Asbindia,

    My understanding is that after 6 months you may offer your services as the non-compete is no longer valid.

    In regards to "Oracle|Micros", it would make sense to source it as a registered trademark. However, is there any other way to describe it on your page?

    My suggestion would be to get a second opinion on my thoughts though, as I am not a lawyer.
     

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