The Instrumentalist Co. v. Band, Inc.

Defendants, Band, Inc. (Band), and Kenneth L. Neidig (Neidig) bring this interlocutory appeal from the issuance of a preliminary injunction restraining them until further order of the court from competing with plaintiff in violation of a restrictive covenant in an employment agreement between plaintiff and defendant, Neidig.

As alleged in its amended complaint for injunctive relief, plaintiff is the publisher of The Instrumentalist, a monthly magazine directed toward school band and orchestra directors and music teachers. The Instrumentalist has been in publication continuously since 1946 and…