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Intellectual Property Law

: The Trade Secrets Vault

Court of Appeals of Indiana : BAKER v. TREMCO

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A former employee brought action against his former employer, a construction products manufacturer business, seeking declaratory judgment that noncompete clause was unenforceable, and damages for tortious interference with a business relationship, breach of contract, and violation of state "blacklisting" statute. Former employee also asserted a defamation claim against his former supervisor. Employer counterclaimed, alleging breach of contract and violation of trade secrets, and asserted a third-party claim against former employee's newly formed business, alleging tortious interference. The Circuit Court, Hamilton County, Judith S. Proffit, J., entered summary judgment against former employee on all claims. Former employee appealed. Holdings: The Court of Appeals, Bradford, J., held that: (1) employee did not breach covenant not to compete with employer by competing with employer's subsidiary; (2) employee was not constructively discharged so as to form the basis of a wrongful discharge claim; (3) statement from former supervisor was slanderous per se so as to create triable defamation claim; and (4) a triable issue existed as to whether former employee was damaged by employer's alleged tortious interference with business relationships. Affirmed in part, reversed in part, and remanded with instructions. Crone, J., filed an opinion concurring in part and dissenting in part.

Full post as published by The Trade Secrets Vault on August 13, 2008 (boomark / email).