Dear JA Customer:
Thank you for allowing me to assist you with your question.
Your question is very important to me, but please remember that I can only respond to the information you provide and I do not know your entire situation. My response is limited to what you have written to me and the answer may change with additional facts.
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There may be future facts that are as yet undetermined in your matter, that can and must leave some areas of information provided by me broad in nature. However, don't hesitate to ask for clarification if needed! At times, there can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break. Now, let’s address your question!
You are correct that most courts will not enforce a non compete for employees past 2 years unless there are trade secrets involved. The accepted norm for sellers is 5 years, however I have seen them up to 20 years to run with a Patent. So, if you have the sell of a patent with the business, then 20 years can be reasonable.
For purposes of Trade name, Mark or branding, then pre 1989 trademarks are 20 years, but renewable and after 1989 are 10 years with renewals.
Again, the average is 5 years.
I wish you the best.
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Please remember that we have not created an attorney-client relationship, and that my post is not intended to be specific legal advice. The answers given are limited to the information you have provided in your post. For specific legal advice, please consult with an attorney licensed in your state.
DISCLAIMER: Please understand that the complexities of most legal problems cannot be adequately addressed in this setting, and that I am only licensed to practice law in the states of Florida and Mississippi. Accordingly, you acknowledge (1) that we have not formed an attorney-client relationship, and (2) that my post is general information only and not specific legal advice.