Justice Thomas Whelan
DK Fabrications, engaged in production and installation of countertops, sought injunctive relief enjoining defendants from soliciting or otherwise doing business with customers and DK’s accounts. DK alleged defendant Blaszczynski, a former employee, was using information obtained while in DK’s employee for his own company and competed with DK. The court found, however, no showing of any elements necessary to grant preliminary injunctive relief enjoining defendants from soliciting or doing business with plaintiff’s customers or accounts. It stated a likelihood of success on the merits was absent from the record as it was devoid of evidence that during defendant’s course of employment with DK he used DK’s time, facilities or proprietary information while forming his new company. There was also no evidence defendant took or converted any of DK’s documents or business records, or in any way breached his fiduciary duties during the course of his employment with DK. The court found DK took few, if any, precautionary measures to preserve any exclusive knowledge of pricing, contacts or customer lists or by securing his agreement to a restrictive covenant or other non-compete agreement. Hence, DK’s motion was denied.
