A Massachusetts Lawyers Weekly article featured Kristen Schuler Scammon’s client, Arborjet, and their successful bid to obtain a preliminary injunction barring its former distributor from selling a competing product.
In Arborjet, Inc. v. Rainbow Treecare Scientific Advancements, Inc., U.S. District Court Judge Nathaniel M. Gorton agreed with Scammon’s argument that Rainbow had breached the non-disclosure agreement. In the decision, Judge Gorton said, “Rainbow promised not to engage in activities ‘intended to replicate’ Arborjet’s products. Plaintiff has demonstrated a likelihood that it will be able to prove that defendant engaged in research and development to create a product very similar to TREEage. In fact, Rainbow’s product has since been marketed as an ‘improved TREE-age.’”
You can read the full article here: Disclosure agreement bars competing product