Is an agreement to not compete in making a(non-patented product still valid if the other party no longer makes or sells that product?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Is an agreement to not compete in making a(non-patented product still valid if the other party no longer makes or sells that product?

We both signed a non-typical “Agreement To Not Compete” that he asked me to draw up. The agreement is supposed to be “in perpetuity” for both parties.

Asked on June 11, 2014 under Business Law, Wisconsin

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If the other party is not making or distributing that product, then you would not be competing with him by making or selling it. If he resumes making or selling it, however, then you could have trouble; but if not, if he has stopped making it for good, then you would not be in breach of the agreement.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption