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Showing 4 posts in Contracts.

House Bill 4198, what is it good for? Nothing, absolutely nothing.

If you employ anyone or hope to employ someone, be aware of a very bad idea. House Bill 4198, introduced by State Rep. Peter Lucido would, if it became law, effectively ban non-compete agreements between employers and employees in the State of Michigan. Particularly for fashion designers, who lack statutory protection for the overall design of their garments and accessories, a covenant not to compete is a very important provision in the designers’ agreements with their employees.

According to Crain’s Detroit Business (March 23, 2015, p. 25), House Bill 4198 was a reaction to a publicized debate over the use of covenants not to compete by Jimmy John’s Franchise LLC to prohibit their sandwich makers from working for a competitive sandwich shop. I have to wonder whether anyone involved in such a debate, or involved in authoring House Bill 4198, has a working knowledge of current Michigan statute on the topic and the role of our courts in enforcing covenants not to compete. Read More ›

Categories: Contracts, Employment, Intellectual Property, Manufacturing

Seriously, you owe me; you know you owe me, so pay me!

Oh how I wish that the world of fashion was immune from the evils of doing business. We should live in a Higher Place where people live to design, love to collaborate, never steal and always pay their bills. But that is a dream for another day. If someone currently owes you money or you have the realistic expectation that someone, someday will stiff you, keep reading. Read More ›

Categories: Collections, Contracts, Fashion

Get it in Writing

If you are a designer you have ideas, you have talents, and you are very comfortable with do-it-yourself projects. But should you take the DIY route when you are entering into a contract? Why even bother to have a written agreement if you are dealing with someone that you trust? A written agreement is always a good idea – read on! Deanna Read More ›

Categories: Contracts

Foster Swift Obtains Unanimous Jury Verdict against Competitor Manufacturer and Sales Agent in Federal Trademark Law and Unfair Competition Case

Foster Swift is pleased to share news of its success in federal court, representing a manufacturer whose patterns, vendor pricing list and raw materials sourcing were misappropriated by a former production manager and former outside sales agent.  If you have suffered such a loss at the hands of a former employee or sales agent, or if you wish to discuss protecting your proprietary information, please contact us.  – Deanna Swisher                  

A federal court jury in Detroit unanimously found in favor of Foster Swift’s client, an internationally recognized manufacturer of custom sports equipment. The complaint in the case alleged that the client’s former production manager and former outside sales agent, while still engaged by the client, had established a directly competing manufacturing and sales business, in breach of their fiduciary duties and duties of loyalty. The complaint also alleged violations of federal trademark law (false designation of origin), unfair competition and civil conspiracy. After a ten day trial in September 2014, the jury awarded Foster Swift’s client substantial monetary damages against the individual defendants, and against entities that each of them had formed, upon hearing evidence that they had misappropriated and used the client's corporate name, manufacturing patterns, vendor pricing lists and raw materials to establish their competing enterprise. Read More ›

Categories: Contracts, Manufacturing, Trademarks