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443628.1
actual, can be proved. Furthermore, the legitimate business interests might include
Plaintiff shall be entitled to any and all trade secrets, other confidential information
reasonable attorneys fees or court costs or the good will of the employer that was
incurred as a result of any action against acquired through dealings with its
Defendant for such action. Under clause 7.5, customers. See All Stainless, Inc. v. Colby,
the provisions within this non-compete 364 Mass. 773 (1974). Protection of the
provision are void if the Plaintiff violates employer from ordinary competition,
terms of this agreement and fails to remedy however, is not a legitimate business interest
such violation within 60 days after being and a covenant not to compete designed
notified per section 15 herein. This is the solely for that purpose will not be enforced.
agreement that was signed by Jonathan Arst Richmond Brothers, Inc. v. Westinghouse
as the Independent Sales Agent. The Broadcasting Company, Inc., 357 Mass.
Agreement was not signed by the Plaintiff. 106, 111 (1970).
443628.1
show that the non-competition part of the
agreement is necessary to achieve some
protectable purpose other than a mere shelter
from ordinary competition. See Richmond
Brothers, Inc. v. Westinghouse Broadcasting
Corp., 357 Mass. 106 (1970). It would
appear that all the Plaintiff is seeking is to
prevent the Defendant from ordinary
competition. In considering all of the
circumstances before this Court, the
Defendant is an employee of some eleven
months who earned a salary of
approximately $13,000, had a customer base
of approximately 30 customers, all the non-
competition agreement achieved was to
protect Plaintiff from ordinary competition.
Moreover, the Defendant signed the
Merchants Bankcard Independent Sales
Agreement; however, the agreement was not
signed by Merchant Business Solutions,
LLC. Additionally, it would appear from the
documentation that was submitted by the
Plaintiff that the Defendant was an
employee of Tender Corp. LLC, with a
location at East Falmouth, Massachusetts,
and not an employee of the Plaintiff
Merchants Business Solutions.
Mass.Super.,2006.
Merchant Business Solutions, LLC v. Arst
Not Reported in N.E.2d, 2006 WL 696582
(Mass.Super.)
END OF DOCUMENT
443628.1