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NIKE, INC. v. McCARTHY

No. 03-35818.

379 F.3d 576 (2004)

NIKE, INC., Plaintiff-Appellee, v. Eugene McCARTHY, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed August 9, 2004.

Attorney(s) appearing for the Case

Steven L. Manchel, Manchel & Brennan, P.C., Newton, MA, and Christopher T. Carson, Kilmer, Voorhees & Laurick, P.C., Portland, OR, for the defendant-appellant.

Scott G. Seidman, Tonkon Torp LLP, Portland, OR, for the plaintiff-appellee.

Before: HUG, McKEOWN and FISHER, Circuit Judges.

FISHER, Circuit Judge:

In this case we must determine the validity of a noncompete agreement under Oregon law. Eugene McCarthy left his position as director of sales for Nike's Brand Jordan division in June 2003 to become vice president of U.S. footwear sales and merchandising at Reebok, one of Nike's competitors. Nike sought a preliminary injunction to prevent McCarthy from working for Reebok for a year, invoking a noncompete agreement McCarthy had signed in 1997...

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