Académique Documents
Professionnel Documents
Culture Documents
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Plaintiff,
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vs.
DENIS DEKOVIC, an individual; MARC
DOLCE, an individual; and MARK MINER,
an individual,
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DECLARATION OF DENIS
DEKOVIC IN OPPOSITION TO
MOTION FOR TEMPORARY
RESTRAINING ORDER AND
ORDER TO SHOW CAUSE WHY
A PRELIMINARY INJUNCTION
SHOULD NOT ISSUE
Defendants.
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1.
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2.
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3.
When I decided to leave Nike, I accepted a job with adidas that will not
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begin until after the period of my Nike noncompete agreement ends. Nike now seems to
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contend that the noncompete agreement handcuffed me from even beginning a job search
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until after the noncompete term ends. They claim that merely talking to a competitor
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about a future job amounts to being connected with a competitor. I do not agree with
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that interpretation, and it simply makes no sense. Otherwise, employees abiding by the
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noncompete agreement would spend their entire noncompete term not knowing when
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they will have their next job or where they will work.
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4.
I, along with Marc Dolce and Mark Miner, met with representatives of
adidas prior to leaving Nike. During our meetings, and in our communications with
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MARKOWITZ HERBOLD PC
SUITE 3000 PACWEST CENTER
1211 SW FIFTH AVENUE
PORTLAND, OREGON 97204-3730
(503) 295-3085
adidas, we were not asked to and we did not share any Nike secrets or confidential
information. In Nike's court filings, it compares the "Nike Kitchen" with adidas'
"Brooklyn Design Studio" concept. The concept is fundamentally different than the Nike
Kitchen. I do not intend to play any role in the Brooklyn Design Studio during the period
conceptual description of what the scope of my job at adidas could be once I begin
working there. I am not doing any work for adidas now, and do not intend to during the
period of my noncompete.
5.
My laptop failed in early September 2014, and I repeatedly asked Nike to fix
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it. Eventually, I took the computer to an Apple service and had them try to fix it. I was
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told that the computer was damaged and could not be fixed, so I had the technician copy
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everything they could off of my hard drive onto a separate hard drive I had at home that
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we use to store family photos, movies, etc. From that hard drive, I moved the laptop
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content to a new hard drive that I purchased, and I have returned that hard drive to Nike.
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I deleted the files that had temporarily resided on my home backup drive, and I have not
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kept any confidential Nike information on that drive or anywhere else. I have retained
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6.
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regarding products I designed that are in the public domain). I have given adidas nothing
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7.
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8.
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Michael Jackson before I signed the noncompete in 2012. Since his death, the project has
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been in hiatus. I did not intend to launch any Moonwalker line during my noncompete
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Page
2-
MARKOWITZ HERBOLD PC
SUITE 3000 PACWEST CENTER
1211 SW FIFTH AVENUE
PORTLAND, OREGON 97204-3730
(503) 295-3085
9.
The athletic footwear industry is fast moving and rapidly changing. Things I
knew about Nikes product development and design may already be stale, and will
things that I was not empowered to do at Nike, not to take the Nike system somewhere
else.
industry. So even if I had any Nike information, it is of no use to me. I have not agreed
to, and I do not intend to, provide any confidential Nike information to adidas. adidas
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11. I have not directly or indirectly solicited or diverted any Nike employees. I
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have no authority to offer employment, and adidas has told us not to talk to Nike
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employees about adidas opportunities (or lack thereof). The announcement we issued on
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social media when we resigned was merely a general message to friends and supporters.
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12. Almost all of the allegations that Nike has made against me are based on
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fragments of personal and private conversations. I find the allegations hurtful because
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they are either false or are misleading half-truths, but because I only learned of this
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lawsuit this morning, I have not yet had the opportunity to respond to every allegation.
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MARKOWITZ HERBOLD PC
SUITE 3000 PACWEST CENTER
1211 SW FIFTH AVENUE
PORTLAND, OREGON 97204-3730
(503) 295-3085
I hereby declare that the above statement is true to the best of my knowledge and
belief, and that I understand it is made for use as evidence in court and is subject to
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_______________________________
Denis Dekovic
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MARKOWITZ HERBOLD PC
SUITE 3000 PACWEST CENTER
1211 SW FIFTH AVENUE
PORTLAND, OREGON 97204-3730
(503) 295-3085
CERTIFICATE OF SERVICE
Multnomah Civil
Date Filed
Case Number
Case Description
Assigned to Judge
Attorney
Firm Name
Filed By
Fees
Convenience Fee
Total Court Case Fees
Total Court Filing Fees
Total Court Service Fees
Total Filing & Service Fees
Total Service Tax Fees
Total Provider Service Fees
Total Provider Tax Fees
Grand Total
Payment
Account Name
12/09/2014 05:09:17 PM
14CV18876
Nike, IncvsDennis Dekovic, Marc Dolce, Mark Miner
Transaction Amount
Transaction Response
Transaction ID
$0.00
Order #
000057357-0
Declaration - DD
Filing Type
Filing Code
EFile
Declaration - DD
Filing Description
Reference Number
Matthew Levin
Markowitz, Herbold, Glade & Mehlhaf, PC
Matthew Levin
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
Cynda Herbold
82191
Comments
Courtesy Copies
Status
Fees
michellerobles@markowitzherbold.com
Submitting
Court Fee
Service Fee
$0.00
$0.00
Documents
Lead Document
Dekovic Declaration.pdf
[Original]