Is a non-compete enforceable?

I have a non-compete with a company that I sold about a year ago; I made wood baseball bats. I now am opening a baseball training facility and would like to have wood bats in the facility. I asked the new owners of my old company if they wanted to sell me bats so I could upsell in my facility, they declined. Can I go to another

company to get wood bats?

Asked on January 31, 2019 under Business Law, Iowa


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

Non-competition agreements are enforceable in your state. But they are only enforceable as per their plain terms, so the key question is: what exactly does the non-compete say? Does it prohibit you from running any business that has or uses baseball bats, which would pose a problem. Does it bar you from selling bats, in which case you could have them for use in your facility, but not resale. Or does it bar you only from making bats, in which case it should not pose any problems in your new endeavor.

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