Is a non-compete enforceable?

UPDATED: Oct 1, 2022

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Is a non-compete enforceable?

I have a non-compete with a company that I sold about a year ago; I made wood baseball bats. I now am opening a baseball training facility and would like to have wood bats in the facility. I asked the new owners of my old company if they wanted to sell me bats so I could upsell in my facility, they declined. Can I go to another

company to get wood bats?

Asked on January 31, 2019 under Business Law, Iowa


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Non-competition agreements are enforceable in your state. But they are only enforceable as per their plain terms, so the key question is: what exactly does the non-compete say? Does it prohibit you from running any business that has or uses baseball bats, which would pose a problem. Does it bar you from selling bats, in which case you could have them for use in your facility, but not resale. Or does it bar you only from making bats, in which case it should not pose any problems in your new endeavor.

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 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.

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