Printer Friendly

Panty raid.

Cupids Lingerie is suing some former managers, accusing them of using the company's intimate details to open their own lingerie boutique.

Cupids said it had a two-year noncompete agreement A contract limiting a party from competing with a business after termination of employment or completion of a business sale.

Found in some business contracts, noncompete agreements are designed to protect a business owner's investment by restricting potential competition.
 with Adam Longstreth, who was the general manager, Stephanie Frakes, who worked in corporate accounting and human resources The fancy word for "people." The human resources department within an organization, years ago known as the "personnel department," manages the administrative aspects of the employees. , and Dustin Bean, a store manager.

But Cupids said the employees went ahead and opened their own store, Vertige Lingerie in Little Rock, according to according to
1. As stated or indicated by; on the authority of: according to historians.

2. In keeping with: according to instructions.

 the lawsuit Cupids filed in Pulaski County Pulaski County is the name of several counties in the United States:
  • Pulaski County, Arkansas
  • Pulaski County, Georgia
  • Pulaski County, Illinois
  • Pulaski County, Indiana
  • Pulaski County, Kentucky
  • Pulaski County, Missouri
  • Pulaski County, Virginia
 Circuit Court.

Longstreth and Frakes left Cupids in November. On Jan. 15, Cupids discovered Vertige Lingerie's business plan on Cupids' phone issued to Bean. The lawsuit said he was discharged that day.

Cupids' attorney, David Sterling of North Little Rock, declined to comment on the case.

Cupids has asked a judge to immediately issue an order stopping the defendants from being in the lingerie business for two years. Cupids also is seeking an unspecified amount of damages for alleged breach of fiduciary duty Noun 1. fiduciary duty - the legal duty of a fiduciary to act in the best interests of the beneficiary
legal duty - acts which the law requires be done or forborne
, unfair competition and violation of the Arkansas Trade Secret Act.

The defendants, in their court filings, said Cupids doesn't have a case against them.

"This lawsuit smelled of desperation," said Vertige's attorney, Steve Niswanger of Little Rock.

Niswanger said in his court filing that the noncompete agreement "is overly broad and therefore unenforceable Adj. 1. unenforceable - not enforceable; not capable of being brought about by compulsion; "an unenforceable law"; "unenforceable reforms"
enforceable - capable of being enforced

The defendants denied that they did anything wrong and asked that the case be dismissed.

The defendants also said that they sell high-end lingerie that isn't in direct competition with Cupids, which sells adult toys, videos and less expensive lingerie.

The defendants have filed a counterclaim A claim by a defendant opposing the claim of the plaintiff and seeking some relief from the plaintiff for the defendant.

A counterclaim contains assertions that the defendant could have made by starting a lawsuit if the plaintiff had not already begun the action.
 against Cupids for fraud and deceit. They alleged that Cupids tried to interfere with Vertige's business. The Vertige owners are seeking an unspecified amount of damages.
COPYRIGHT 2009 Journal Publishing, Inc.
No portion of this article can be reproduced without the express written permission from the copyright holder.
Copyright 2009 Gale, Cengage Learning. All rights reserved.

 Reader Opinion




Article Details
Printer friendly Cite/link Email Feedback
Title Annotation:Whispers
Publication:Arkansas Business
Date:Mar 9, 2009
Previous Article:MDH follow-up.
Next Article:USVI acquittal.

Terms of use | Copyright © 2014 Farlex, Inc. | Feedback | For webmasters