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Coca-Cola develops and distributes carbonated beverages and water products both

ID: 378776 • Letter: C

Question

Coca-Cola develops and distributes carbonated beverages and water products both nationally and internationally. Coca-Cola hires Shontavia Johnson as its patent and trademark attorney and entrusts her with its most valuable trade secrets. Shontavia signs a contract that includes a clause prohibiting her from competing with or becoming employed with companies engaging in similar businesses after her employment with Coca-Cola. After Snontavia has performed her work for Coca-Cola, Shontavia resigns from Coca-Cola’s employ and opens a competing business. In Coca-Cola’s suit against Shontavia, what is the most important factor(s) the court will consider in determining whether Shontavia should be allowed to compete with Coca-Cola?

Explanation / Answer

The agreement signed by Shontavia clealry contains a clause which prohibits her from involving in any kind of job that competes witht he company. It has been violated as she started her own business . In the suit the court considers the fact that she knows all the information regarding the company and now she started her own business which might be a great threat and she even signed a contract against it. She clearly cheated the company and this point will be considered most important.

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