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Court Watch

By Cynthia M. Klaus
February 26, 2008

Sixth Circuit Upholds Noncompete Injunction

A franchisee's attempt to inject ambiguity into a noncompete clause in a franchise agreement was rejected by the Sixth Circuit in Certified Restoration Dry Cleaning Network, LLC v. Tenke Corp., 511 F.3d 535 (6th Cir. 2007). The plaintiff franchisor, Certified Restoration Dry Cleaning Network, and the defendant franchisee, Tenke Corp. and owner Stephen Dubasik, had entered into a franchise agreement in June 2002. The franchisor's business is a restoration dry cleaning system 'for cleaning smoke, water, and/or odor damaged clothing and other soft goods from insured casualties, such as house fires.' Restoration Dry Cleaning Network enters into franchise relationships with persons who already own dry cleaning establishments and want to add restoration services to their existing business. In November 2006, Restoration Dry Cleaning Network terminated Dubasik's franchise for failure to make required payments under the franchise agreement.

Shortly after the termination, Restoration Dry Cleaning Network discovered that the defendant had not discontinued all of its restoration dry cleaning services as required by the post-termination noncompete clause in the franchise agreement. The noncompete clause stated: 'For a period of 24 months from the time of expiration or termination of this Agreement, you promise not to engage ' in any [] capacity in any restoration dry cleaning business' within 25 miles of the franchised territory.

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