Operating A Competing Business


Budget Blinds, Inc. v. Juan Carlos Carlin

By Mulcahy LLP on January 08, 2013

In Budget Blinds, Inc. v. Juan Carlos Carlin (United States District Court, Central District of California, March 2010), defendant, a former licensee, continued to operating a competing business utilizing the licensor’s service marks and trade name and in violation of the noncompetition provision contained within the parties’ license agreement.

The licensor retained Mulcahy LLP who immediately filed a complaint for: breach of contract, service mark infringement, false designations/unfair competition, unfair business practices, unjust enrichment, accounting, and injunctive relief. Ultimately, Mulcahy LLP obtained a judgment against defendant enforcing the noncompetition and post-termination provisions of the parties’ agreement.

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