ATOMIC TATTOOS, LLC v. JASON E. MORGAN d/b/a SAINTS & SCHOLARS TATTOOS, 35 Fla. L. Wkly D2033c (Fla. 2d DCA Sept. 10, 2010)

In this non-compete case, a tattoo artist opened a new business less than a year after he had ceased working with his former employer.  The new practice was located about 6 miles from his old employer.  The trial court denied the employer’s motion for temporary injunction despite the defendant’s admission that he had taken a customer list and used it to send out a mass mailing to solicit new customers.  The appellate court found an abuse of discretion and reversed, holding that the non-compete agreement was enforceable and that the defendant’s conduct would cause irreparable harm to the employer’s “goodwill and relationship with its clients,” among other legitimate business interests.  Lastly, the appellate court of course required an injunction bond under Rule 1.610(b).

ATOMIC TATTOOS, LLC v. JASON E. MORGAN d/b/a SAINTS & SCHOLARS TATTOOS, 35 Fla. L. Wkly D2033c (Fla. 2d DCA Sept. 10, 2010)