Is an agreement to not compete in making a(non-patented product still valid if the other party no longer makes or sells that product?

We both signed a non-typical “Agreement To Not Compete” that he asked me to draw up. The agreement is supposed to be “in perpetuity” for both parties.

Asked on June 11, 2014 under Business Law, Wisconsin


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

If the other party is not making or distributing that product, then you would not be competing with him by making or selling it. If he resumes making or selling it, however, then you could have trouble; but if not, if he has stopped making it for good, then you would not be in breach of the agreement.

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