Johnson Outdoors announced a Temporary Restraining Order had been issued by the Superior Court of Maine, barring a former employee from working for a major competitor. The TRO was issued on January 28th, and was upheld by the Court in a ruling yesterday. In that order, Justice Andrew Mead wrote that the Company “has demonstrated a likelihood of success on the merits.”
The case was prompted by the announcement that Richard Feehan was joining Confluence, a major competitor to Johnson Outdoors Watercraft business unit. Feehan was formerly General Manager – Old Town canoe and kayak, Johnson Outdoors largest paddle sports brand. The Company believed the appointment breached certain terms of Mr. Feehans non-compete agreement, and filed suit in Maine to enforce Mr. Feehans compliance with the agreement.
To obtain a TRO, a party must demonstrate: 1) irreparable injury if the TRO is not granted; 2) that the injury must outweigh the harm to the other party if the TRO is granted; 3) substantial likelihood of success on the merits; and, 4) not adversely affect the public interest. Johnson Outdoors satisfied all of the Courts requirements, per the initial TRO order on January 28th which was reaffirmed by yesterdays ruling.
“This TRO does exactly what our existing agreement intended protects us, our customers and shareholders, while still enabling Rich to pursue a range of employment opportunities. However, non-compete means non-compete, and we will enforce our rights whenever necessary,” said Jerry Perkins, Chief Operating Officer, Johnson Outdoors Inc.
