Question
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
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 radius 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?
Step by Step Solution
There are 3 Steps involved in it
Step: 1
Get Instant Access to Expert-Tailored Solutions
See step-by-step solutions with expert insights and AI powered tools for academic success
Step: 2
Step: 3
Ace Your Homework with AI
Get the answers you need in no time with our AI-driven, step-by-step assistance
Get Started