Cook Sign Company v. Combs

2008 WL 3898267 (2008)

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Nature of the Case

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Facts

P is a sign company that designs, fabricates, installs, and services custom-manufactured signs. D was a custom salesman for Art-N-Sign for more than 10 years. P entered into a strategic alliance with Art-N-Sign, and in January 2007 P acquired Art-N-Sign’s customer lists, files, quotes, photos, artwork, designs, sketches, sign-service histories, and photos, marketing literature, and brand marks along with other various intellectual property. On January 20, 2007, D met with P to discuss working for P. D knew that he would be required to sign the non-compete agreement as a condition of employment but the specific terms of the non-compete were not discussed. D signed the employment offer and the offer contained a clause referring to the noncompete agreement. The employment agreement identified North Dakota as the choice of law for resolution of disputes. D signed the non-compete agreement the next month. That agreement identifies Minnesota as the choice of law for the resolution of disputes. On June 6, 2007, D gave his two-week notice of resignation and went to work for Indigo SignWorks, a North Dakota company. P sued D. The district court determined that Minnesota was the proper choice of law. P obtained a temporary restraining order and then obtained a temporary injunction enjoining D from working for Indigo SignWorks. D appealed. D argues that North Dakota law should be applied because it is the law that governs the employment agreement.