The Irish Times - Tuesday, May 29, 2012

THE HIGH Court has granted a school of yoga an injunction against a former franchisee who, it claims, has been poaching its students.

The Irish School of Yoga, trading as Yoga Therapy and Training Centre Ltd and with centres in Cork, Galway and Dublin, sought the orders against Nicole Henkel Murphy, who it alleged is in breach of a March 2008 franchise agreement it has with her for the training of yoga teachers in the Munster area.

She denied the claims and opposed the application for an injunction against her.

In her ruling yesterday, Ms Justice Mary Laffoy said she was satisfied to grant Yoga Therapy and Training Centre an injunction pending the hearing of the action against Ms Henkel Murphy, who, the court heard, terminated the franchise agreement with yoga centre last October.

Under the order, Ms Henkel Murphy is prohibited from operating yoga teacher training courses in respect of students enrolled by her during the operation of the franchise agreement.

The judge invited both parties to enter a mediation process in an attempt to settle the dispute and said the legal costs of this action were totally disproportionate to what was at stake.

Yoga Therapy and Training Centre claimed Ms Henkel Murphy was bound by a non-compete clause and that she has used confidential information for unfair competitive advantage, which was damaging its business. She was using this information to poach its students, it was claimed.

It also claimed Ms Henkel Murphy was using source material belonging to the yoga centre to teach her students.

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Injunction granted over alleged breach of yoga franchise deal