Asked by Devendra Suthar on May 01, 2024
Verified
In Coleman v.Retina Consultants,P.C. ,the case in the text,the court held that:
A) the noncompetition clause in the Software Agreement was enforceable as a matter of law.
B) Retina could only prohibit Coleman from marketing the program with a noncompetition agreement.
C) the plain language of the injunction exceeded the scope required of Coleman pursuant to the terms of the Software Agreement.
D) the software was not a trade secret because it's coding was available to the public.
Noncompetition Clause
A contractual term preventing one party from competing directly with another party for a certain period and within a specified geography.
Software Agreement
A legal contract specifying the terms of use, distribution, and ownership of software between the provider and the user.
Injunction
A court order requiring an individual to do or refrain from doing a particular act to prevent harm or injustice.
- Recognize the enforceability and limitations concerning noncompetition agreements and clauses.
- Appreciate the complexity and context-dependent nature of intellectual property and competition law enforcement.
Verified Answer
MF
Michael FanningMay 05, 2024
Final Answer :
C
Explanation :
The court held that by prohibiting Coleman from retaining any and all information and documentation related to Clinex,the plain language of the injunction erroneously went beyond the scope of that which was required of Coleman pursuant to the terms of the Software Agreement and beyond what misappropriation of trade secrets principles permit.
Learning Objectives
- Recognize the enforceability and limitations concerning noncompetition agreements and clauses.
- Appreciate the complexity and context-dependent nature of intellectual property and competition law enforcement.