Re: Article on e.Digital/Digecor Case...restring...
in response to
by
posted on
Mar 18, 2009 09:46PM
Here is how the lawyer writing your article characterized the Non-Cometition agreement between EDIG and Digecor:...
"It would be an understatement to state that the nearly unintelligble covenant verged on the ridiculous."...
Here is what I said in my post on AGORA at 10.35 A.M. on 2/19/09
["Simply said: Clause 6 of the agreement of 4/02/2002 is UNENFORECABLE.
FIRST: The time period for "Non-Competition" is the term of the agreement plus 7 years after that term. However, there is no term specified in the agreement?
SECOND: The restriction are too broad, ( "THE WHOLE WORLD", and EDIG is prohibited from manufacturing and/or selling like or similar components".) That means for 7 years + plus the unknown term of the agreement EDIG is supposed to drop out of sight. They could not do anything, like they are doing with MEZZO?
That my friend is absurd."]
I am certain EDIG had an attorney looking at that agreement sent to them to sign in California, and were advised the agreement was unenforceable under California law...
That is why RP kepst saying the Agreement was unenforceable from the start.
Bow's mistake was he thought by filing in UTAH Federal Court he could get a different result in the UTAH Federal Court...
Gil...