Colorado Non-Compete Law Blog

Colorado Non-Compete Law Blog

Insight and commentary on Covenants Not to Compete (Including Unfair Competition, Trade Secrets & Nondisclosure Agreements)

Category Archives: Sale of business

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Seller’s Flagrant Disregard of Non-compete Leads to Damage Award

Posted in Sale of business
Perhaps because they are more familiar with the law in other states or perhaps because they don’t think that non-competes are "fair", many non-lawyers in Colorado believe that non-competes are rarely enforced. Or they think that they can take a risk and breach a non-compete because damages won’t be awarded.  Those errors can lead to costly decisions as demonstrated [&hellip… Continue Reading

Colorado Court of Appeals Enforces Non-Compete Against Purchaser of Franchise

Posted in Sale of business
In the latest decision involving a non-compete in a franchise agreement, the Colorado Court of Appeals ruled on May 15, 2008 that a franchisor may enforce a non-compete when the non-compete arises from the purchase of an existing franchise. In Keller Corp. v. Kelley, the defendant Kelley had purchased an existing franchise and entered into [&hellip… Continue Reading

Non-compete in Franchise Agreement Enforced Against Franchisee

Posted in Sale of business
In a brief, direct decision, Judge Miller, a federal district judge in Colorado, recently granted a franchisor’s motion for preliminary injunction in Dry Cleaning To Your Door, Inc. v. Waltham Ltd. Defendants had signed a franchise license agreement with a non-compete which prohibited them from being engaged in a residential dry cleaning pick-up and delivery [&hellip… Continue Reading