Robert Kuntz, et al. v. EVI LLC - 10/22/13

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Tuesday  October 22, 2013 
1:00 PM  EST

1 p.m. 02A03-1301-PL-14. Purdue University. Robert Kuntz owns Kunodu, Inc., which was in the business of selling, repairing, rebuilding, and/or refurbishing electric automobile motors on real property also owned by Kuntz through B-K Interests, LLC.  In 2006, Kuntz sold Kunodu’s assets to another business and both Kuntz and Kunodu entered into a covenant not to compete as part of the sale.  B-K Interests also entered into a lease agreement with the company for use of the real property.  In 2011, the original buyer sold the business assets to EVI, LLC, and also assigned the covenant not to compete and lease.  After negotiations to extend the lease of the property failed, EVI moved to a new location and continued its business.  In 2012, EVI filed a motion for preliminary injunction alleging Kuntz had been engaging in activities that are substantially similar to the activities engaged in by EVI, both personally and by allowing a similar business on the property.  After a hearing, the trial court entered an order enjoining Kuntz, Kunodu, and B-K Interests from any further violations of the covenant not to compete, extending the term of the covenant not to compete, and ordering them to pay EVI’s attorney fees.  Kuntz, Kunodu, and B-K Interests now appeal, arguing the trial court erred in granting the preliminary injunction because EVI has not shown a likelihood of success at trial, and further arguing the trial court erred in modifying the terms of the covenant not to compete and entering a judgment for attorney fees.

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