Boulanger v. Dunkin' Donuts Inc.

This case raises an issue of first impression: whether covenants not to compete are enforceable where they stem from franchise agreements. The plaintiff, a former owner of Dunkin’ Donuts franchises located in upstate New York, signed covenants not to compete as part of his franchise agreements with the defendant, Dunkin’ Donuts Incorporated (Dunkin’ Donuts). In relevant part, the agreements restricted the *636plaintiff, inter alia, from owning or working for a competing business within five miles of any Dunkin’ Donuts establishment, for two years after the expiration or termination of the…