Cybex, a division of Lumex, is the largest manufacturer of exercise and weight-training equipment. Pursuant to its normal business practices, Cybex required its worldwide head of marketing, Greg Highsmith, to sign a noncompete agreement. The agreement provided that Highsmith was not to work for a competitor for six months after leaving Cybex. However, the agreement allowed Highsmith to work for a competitor whose business was “diversified,” provided Highsmith worked on product lines that were not in direct competition with Cybex products. The agreement also provided for six months of compensation and employee benefits in the event that Highsmith left Cybex and the terms of the restrictive covenant prevented him from obtaining another job during the noncompete period.
Highsmith left Cybex and went to work for Life Fitness, a competitor, within a matter of days. Although Life Fitness sent several letters to Cybex, assuring Cybex that it had not and would not induce Highsmith to violate his duty of confidentiality, Cybex filed suit for a preliminary injunction prohibiting Highsmith from working for Cybex for a period of six months. Should the court grant the injunction? Why, or why not?