These four criteria, however, "are not to be applied woodenly or in isolation from each other rather, the court of equity should weigh all of these factors together in determining whether injunctive relief is proper." Dep't of Envtl. STANDARD OF REVIEW In order to succeed on a motion for a temporary restraining order, the moving party has the burden of demonstrating the following: "(1) that plaintiff will suffer irreparable injury if the injunction is not granted, (2) that such injury outweighs any harm which granting the injunctive relief would inflict on the defendant, (3) that plaintiff has exhibited a likelihood of success on the merits (at most, a probability at least, a substantial possibility), (4) that the public interest will not be adversely affected by granting the injunction." Ingraham v. § 1542, (Count III), and tortious interference with advantageous relations (Count IV). XWave brought suit against Defendant by a complaint filed Janurequesting preliminary and permanent injunctive relief (Count I) for 2 Defendant's actions allegedly constituting a breach of contract (Count II), misappropriation of trade secrets under the Uniform Trade Secrets Act, 10 M.R.S.A. In fact, by XWave's unrebutted estimate, eight of eZe Tech's nine clients are former XWave clients. Following Defendant's departure, a number of XWave clients switched from XWave to eZe Tech for their network servicing needs. eZe Tech provides similar services to those of XWave. Defendant is the only employee of eZe Tech and runs that company out of his home.
On Defendant voluntarily terminated his employment with XWave to start his own business, eZe Tech, Inc. The amount of compensation to be paid TechKnowledge will not exceed 12 times the employees monthly salary. employee will not solicit or accept employment from any customers or prospective customers of TechKnowledge during employment and for 1 year after termination of employment without a written consent from the President of TechKnowledge or an agreement by the employee (or customer) to pay TechKnowledge compensation for the hiring and training of a replacement employee. and its clients after employment, will prevent the misappropriation or disclosure thereof and will not use any such Confidential Information to his or her benefit (or the benefit of any third party) or to the detriment of TechKnowledge Inc. Employee agrees that he or she will protect the value of the Confidential Information. Obligations of Employees After Employment. Employee agrees not to publish, disclose or otherwise disseminate such information without prior written approval of the President of TechKnowledge Inc. At all times Employee agrees to keep confidential and not to utilize any Confidential Information for any purpose, except in the course of Employee's employment with TechKnowledge Inc.
The Agreement reads in part as follows: 2. 1 When he was hired, Defendant signed a document titled "Employee NonDisclosure and Non-Competition Agreement" ("Agreement"). 1 Defendant was originally hired by an entity known as TechKnowledge, Inc. Defendant was assigned to specific customer accounts.
1 Defendant's duties while employed by XWave included providing network consulting services at clients' places of business. XWave is an information technology company that employed Defendant as a full-time salaried network engineer from Augthrough May 31, 2006. BACKGROUND For purposes of ruling on the present motion, the facts apparent from the submissions of the parties are as follows. 65 barring Defendant William Ziegenfus ("Defendant") from providing his services to former XWave clients as well as barring Defendant from using confidential information obtained while employed by XWave in support of his independent business venture. GARBRECHT I A.W LIBRARY Defendant AUG 2 0 1001 Before the Court is Plaintiff XWave New England Corp.'s ("XWave'~) motion for a temporary restraining order pursuant to M.R.
Plaintiff ORDER ON MOTION FOR TEMPORARY RESTRAINING ORDER v.
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