Trade Secret Attorney, Non-Compete Agreement Attorney: Non-Compete Agreement & Trade Secret Attorneys: The Employer Perspective

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12/14/2005

Comments

oh yeah I live in PA. if that helps

I am trying to open a karate school, and my former instructor is threatning legal action,because my partners and I have a non compete contract.My partners have all been out of his school for 3+ years.I have been out for about 4-5 months.My contract was signed when I was 15 years old by my gardian.I never signed a new contract,I am now 26 years old.I also do not have a copy of this contract. He says the non compete is for 10 years and within 15 miles of his school.I am starting a school about 10 miles from any of his 3 schools.Dose he have a case?

Yes, contract workers / independent contractors are also subject to non-compete provisions is some instances. No compete contract clauses are often times enforceable. The questions is always to what extent they are reasonable.

Zach,

Please understand that these matters are always fact intensive and we cannot give legal advice with so little information. If you do wish to retain us, you are free to call us or contact us directly, however, here are some thoughts just off the top of my head.

You have several issues going here. The first is that you may benefit from a trademark registration for "New World Karate" which would preclude anyone else from using that brand in commerce. You should definitely have your black belts sign non-compete agreements. Otherwise, you will train them and give them all the information they need to simply go out and do it on their own. You could actually put them into a licensing agreement, which allowed them to use your trademarks, methods and materials and also included more extensive non-compete provisions. A licensing arrangement would put you into a position to enforce "quality" so that they could not give your brand a black eye in the marketplace. Again, this would be a more extensive licensing agreement which included provisions dealing with certain quality and service standards. If they did not meet those standards, you would be in a position to withdraw the license and preclude them from using your trademarks and service marks.

I am a young Martal arts master and owner
and my name New world Karate is getting
big here in Michigan and I'm staring to promote a lot of
Black belts that hopefully will run schools of there
own some day. Do I need to have them sign a non compete
agreement to protect my logo and my name
if they use it and give my club a bad name, Where I can
strip them of the logo.

Re non-compete agreements in michigan similar to most other states?

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