3-eBuy, Inc., hires Ferris to develop and implement a marketing strategy for eBuy's new online auction site. Ferris signs a contract that includes a clause prohibiting him from competing with eBuy during and after the employment. Before the strategy is implemented, Ferris resigns from eBuy's employ to market his own auction site to compete with eBuy. In eBuy's suit against Ferris, what is the most important factor the court should consider in determining whether Ferris should be allowed to compete with eBuy