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IN THE CIRCUIT COURT OF THE STATE OF OREGON

FOR THE COUNTY OF MULTNOMAH

NIKE, INC., an Oregon corporation,

Plaintiff,

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vs.
DENIS DEKOVIC, an individual; MARC
DOLCE, an individual; and MARK MINER,
an individual,

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Defendant.

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I, Marc Dolce declare:

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1.

No. 14CV18876
DECLARATION OF MARC
DOLCE IN OPPOSITION TO
MOTION FOR TEMPORARY
RESTRAINING ORDER AND
ORDER TO SHOW CAUSE WHY
A PRELIMINARY INJUNCTION
SHOULD NOT ISSUE

I was employed by Nike, Inc. from October 2005 until September 22, 2014

as a footwear designer.

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2.

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When I decided to leave Nike, I accepted a job with adidas that will not

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begin until after the period of my Nike noncompete agreement ends. Nike now

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seems to contend that the noncompete agreement handcuffed me from even

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beginning a job search until after the noncompete term ends. They claim that merely

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talking to a competitor about a future job amounts to being connected with a

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competitor. I do not agree with that interpretation, and it simply makes no sense.

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Otherwise, employees abiding by the noncompete agreement would spend their

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MARKOWITZ HERBOLD PC

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SUITE 3000 PACWEST CENTER

1211 SW FIFTH AVENUE
PORTLAND, OREGON 97204-3730
(503) 295-3085

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1! -

DECLARATION OF MARC DOLCE IN OPPOSITION TO MOTION

FOR TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW
CAUSE WHY A PRELIMINARY INJUNCTION SHOULD NOT ISSUE

entire noncompete term not knowing when they will have their next job or where

they will work.

3.

I, along with Denis Dekovic and Mark Miner, met with representatives of

adidas prior to leaving Nike. During our meetings, and in our communications with

adidas, we were not asked to and we did not share any Nike secrets or confidential

information. In Nikes court filings, it compares the Nike Kitchen with adidas

Brooklyn Design Studio concept. The concept is fundamentally different than the

Nike Kitchen. I do not intend to play any role in the Brooklyn Design Studio during

the period of my noncompete, and I am not aware of any advancement of the

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concept beyond a conceptual description of what the scope of my job at adidas could

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be once I begin working there. I am not doing any work for adidas now, and do not

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intend to during the period of my noncompete.

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4.

I have a large Instagram following. My popularity on social media is not

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measured by followers, but by likes that my followers post of my postings. I have

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an active social media following, which has nothing to do with purchased followers.

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5.

When I left Nike, I removed all of my personal information from my

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electronic devices before turning them in to Nike. I also gave Nike my passwords. I

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took nothing, and to the best of my knowledge, I retained nothing other than some

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historical portfolio examples regarding products I designed that are in the public

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domain. I have given adidas nothing other than my commitment to start working

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when my noncompete agreement expires.

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MARKOWITZ HERBOLD PC

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SUITE 3000 PACWEST CENTER

1211 SW FIFTH AVENUE
PORTLAND, OREGON 97204-3730
(503) 295-3085

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2! -

DECLARATION OF MARC DOLCE IN OPPOSITION TO MOTION

FOR TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW
CAUSE WHY A PRELIMINARY INJUNCTION SHOULD NOT ISSUE

6.

I do not have any Nike design plans, and I did nothing three days before I

left to obtain them. To the contrary, as Nike is well-aware, I continued to work up

until my last day because I was committed to my projects success for Nike. For

example, I finished the design for the Penny 6 right before I left. Three days prior to

leaving, I also worked on the Victor Cruz design (using the same Nike file sharing

service Hightail I and other Nike designers commonly used to work on files

greater than 10 MB), so that I could finalize it and pass it onto the Nike product

team. That is exactly what I did, sending the file back to Nike before I left the

company. It was a simple design. I did not retain a copy of anything I sent, and I do

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not currently have copies of any Nike confidential or proprietary information.

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7.

The athletic footwear industry is fast moving and rapidly changing. Things I

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knew about Nikes product development and design may already be stale, and will

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certainly be ancient history when I begin working at adidas. Besides, as a creative

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person, I thrive on innovation and freshness. I wanted to leave Nike because I

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wanted to grow in my career and I did not believe Nike presented that opportunity.

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If I thought adidas wanted to hire me to implement Nikes ideas, I would never have

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accepted the job.

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8.

I am not presently working in the athletic apparel or footwear design

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industry. So even if I had any Nike information, it is of no use to me. I have not

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agreed to, and I do not intend to, provide any confidential Nike information to

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adidas. adidas has never asked me for any such information.

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MARKOWITZ HERBOLD PC

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SUITE 3000 PACWEST CENTER

1211 SW FIFTH AVENUE
PORTLAND, OREGON 97204-3730
(503) 295-3085

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3! -

DECLARATION OF MARC DOLCE IN OPPOSITION TO MOTION

FOR TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW
CAUSE WHY A PRELIMINARY INJUNCTION SHOULD NOT ISSUE

9.

I have not directly or indirectly solicited or diverted any Nike employees. I

have no authority to offer employment, and adidas has told us not to talk to Nike

employees about adidas opportunities (or lack thereof). I did not post an

announcement on social media about resigning from Nike or joining adidas.

10. Almost all of the allegations that Nike has made against me are either false

or are misleading half-truths, but because I only learned of this lawsuit yesterday, I

have not yet had the opportunity to respond to every paragraph.

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I hereby declare that the above statement is true to the best of my knowledge and
belief, and that I understand it is made for use as evidence in court and is subject to
penalty for perjury.

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DATED this 9th day of December, 2014.

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____________________________________
Marc Dolce

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MARKOWITZ HERBOLD PC

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SUITE 3000 PACWEST CENTER

1211 SW FIFTH AVENUE
PORTLAND, OREGON 97204-3730
(503) 295-3085

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4! -

DECLARATION OF MARC DOLCE IN OPPOSITION TO MOTION

FOR TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW
CAUSE WHY A PRELIMINARY INJUNCTION SHOULD NOT ISSUE

ATTORNEY CERTIFICATE OF SERVICE

I hereby certify that on December 9, 2014, I have made service of the foregoing
DECLARATION OF MARC DOLCE IN OPPOSITION TO MOTION FOR
TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE WHY
A PRELIMINARY INJUNCTION SHOULD NOT ISSUE on the party/ies listed
below in the manner indicated:
Amy Joseph Pedersen, OSB No. 853958
Laura E. Rosenbaum, OSB No. 110061
Ryan S. Gibson, OSB No. 073873
Stoel Rives LLP
900 SW Fifth Avenue, Suite 2600
Portland, OR 97204

U.S. Mail (Laura E. Rosenbaum

and Ryan Gibson)
Facsimile
Hand Delivery (Amy Joseph Pedersen)
Overnight Courier
Email (Laura E. Rosenbaum
and Ryan Gibson)

Jeffrey H. Reeves (Pro Hac Vice pending)

Jeffrey T. Thomas (Pro Hac Vice pending)
Gibson, Dunn & Crutcher LLP
3161 Michelson Drive
Irvine, CA 92612-4412

U.S. Mail (Jeffrey T. Thomas)

Facsimile
Hand Delivery (Jeffrey H. Reeves)
Overnight Courier
Email (Jeffrey T. Thomas)

Attorneys for Plaintiff

DATED this 9th day of December, 2014.

/s/ Matthew A. Levin

Matthew A. Levin
OSB #003054
Attorney for Defendants
NEWMAL2\422636

CERTIFICATE OF SERVICE

Print this page

Case # 14CV18876 - Nike, IncvsDennis Dekovic, Marc Dolce,

Mark Miner
Case Information
Location

Multnomah Civil

Date Filed
Case Number
Case Description
Assigned to Judge
Attorney
Firm Name
Filed By
Fees
Convenience Fee
Total Court Case Fees
Total Court Filing Fees
Total Court Service Fees
Total Filing & Service Fees
Total Service Tax Fees
Total Provider Service Fees
Total Provider Tax Fees
Grand Total
Payment
Account Name

12/09/2014 05:10:59 PM
14CV18876
Nike, IncvsDennis Dekovic, Marc Dolce, Mark Miner

Transaction Amount
Transaction Response
Transaction ID

$0.00

Order #

000057370-0

Declaration - DD
Filing Type
Filing Code

EFile
Declaration - DD

Filing Description
Reference Number

Matthew Levin
Markowitz, Herbold, Glade & Mehlhaf, PC
Matthew Levin
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
Cynda Herbold

82197

NEWMAL2 - Nike v. Dekovic

DECLARATION OF MARC DOLCE IN OPPOSITION TO MOTION
FOR TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW

Comments

CAUSE WHY A PRELIMINARY INJUNCTION SHOULD NOT

ISSUE

Courtesy Copies
Status
Fees

michellerobles@markowitzherbold.com
Submitting

Court Fee
Service Fee

$0.00
$0.00

Documents
Lead Document

Dolce Declaration.pdf

[Original]