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Tag Archives: non-competition

The Rule of Reasonableness: Non-Compete Provisions in California Business Contracts

Posted in IP

The California Supreme Court in the 2008 case, Edwards v. Arthur Andersen LLP, ruled that a provision in an employment agreement that prevented an employee from competing with his former employer following the termination of his employment was an invalid restraint on trade in violation of section 16600 of the California Business and Professions Code. … Continue Reading

Ninth Circuit Blue-Pencils Non-Competition Agreement

Posted in Trademark Law

By Dale C. Campbell The Ninth Circuit recently considered the enforceability of non-competition covenants contained in franchise-like agreements.  (Comedy Clubs, Inc. v. Improv West Associates (9th Cir. January 29, 2009; WL 205046.)   The plaintiff Comedy Club, Inc. (“CCI”) entered into a trademark license with Improv West Associates (“IMPROV”). CCI owned and operated restaurants and comedy clubs across the… Continue Reading