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Court of Appeals of Georgia: Atlanta Bread Company International, Inc. v. Lupton-Smith et al.

663 S.E.2d 743, 2008-1 Trade Cases P 76,184, 8 FCDR 1907 Franchisee brought action against franchisor, alleging that franchisor wrongfully terminated franchise agreements. The Superior Court, Cobb County, Robinson, J., granted partial summary judgment in favor of franchisee, denied franchisee's motion for judgment on the pleadings, and denied franchisor's motion for summary judgment. Appeal was taken. Holdings: The Court of Appeals, Johnson, P.J., held that: (1) covenant not to compete was unenforceable; (2) post-termination covenant not to compete was unenforceable; and (3) non-disclosure restriction was enforceable as to franchisor's trade secrets. Affirmed.

Full post as published by The Trade Secrets Vault on September 01, 2008 (boomark / email).