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I was contracted out (no non-disclosure, no
Sent to Legal Experts October 02 10:18 PM

I was contracted out (no non-disclosure, no agreement) by a firm to do some media outreach on their behalf. We worked together for about 13 months. They provided a service/product that I would also like to offer to compliment my current services. We terminated our agreement, and I have started to develop my own version of the product (I waited until after we terminated our agreement to start developing our product). How can I be sure that they don't have some kind of legal ownership of this product/service? And also, I had a very random recommendation where my former client's client was recommended to me. I felt a little odd because I don't want the firm I had worked for in the past to feel like I am trying to take away their clients. I had another situation where a former client contacted me about submitting a proposal - saying that the other firm overcharged and did not provide them with quality service. I want to make sure I am in the clear and not doing anything legally wrong if I submit a proposals.

Edited by Customer (name blocked for privacy) on October 2 2007 at 10:27 PM

 

Optional Information:
Morristown, New Jersey

Customer (name blocked for privacy)
Answer
October 3 2:12 PM (15 hours and 54 minutes and 10 seconds later)
         
ACCEPTEDCheck Mark

Dear mimi,

You have three main concerns:

1. non-compete agreements: If you did not sign any non-compete agreements, then you are able to freely compete in the market place.

2. Non-disclosure. Non-disclosure is a little trickier. Even though you may not have signed any non-disclosure agreements, you had a client relationship, which must be honored. You cannot get by with, in the course of your work, disclosing your former clients trade secrets or anyother proprietary information which can include: processes, procedures, intellectual knowledge, financial status, business plan information, etc.

3. Infringements: You have to be concerened with theft and use of intellectual knowlege which includes: patent infringements, copyright infringements, and trademarke infringments.

You can check to see if the company or any of the ownership and officers has patents, trademarks or copyrights related to and incorporated into your product. If so, you hve to get their permission to use them or they may have a right to sue for infringment, damages, and roylaties.

Use these links to conduct your search:

http://www.uspto.gov/ (trade marks and patents)

http://www.copyright.gov/

 




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Edward M. Johnson
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