Could A Recent Court Decision Against Travelhost Magazine’s Non-Compete Agreement Be The Beginning Of The End For Travelhost?

Hello!

I hope everyone had a good Thanksgiving, and is looking forward to a happy and successful holiday season ahead!

I know it’s been a while since my last post, and I wanted to get back in the saddle by talking about a question that I’ve probably been asked a hundred times in the last couple of years:

“Is the Travelhost Magazine non-compete enforceable, and why?

Well, as you all know, I’m not an attorney…nor do I give legal advice.  I have, however, talked to many attorneys about this…and they all have something different to say:

“It depends.”

Most say that it’s not enforceable, depending on what state you operate in, and that there are many good reasons why it’s no good.

Some people claim that the AP’s are not in the same business as Travelhost, as the AP’s make money from selling ads…and Travelhost makes money from printing.

Some claim that there are no proprietary methods worth protecting used in the process, and some claim that it’s unlawful to deprive someone from earning a living without proving irreparable harm.

Most claim that Travelhost forced the Associate Publishers out of business, defaulting on their contract to begin with…rendering the non-compete portion irrelevant.

I’m not posting today to argue any one of these particular defenses.

THE PUBLISHERS ADVOCATE is here to bring you the Travelhost Magazine  information and news you need, to make the right decisions.

As most of you are aware, many Travelhost Magazine Associate Publishers have left the mothership, and have started magazines on their own.  Some have joined forces to create a national magazine, some have gone independent in their own areas of the country.

This is no secret.

One thing all of these entrepreneurs have in common…they’re now much better off, AND…

They are all actually profitable now!

This is ALSO proof that the “Travelhost Magazine Business Opportunity” is a failure.

But, I digress.

Since all of these smart entrepreneurs have left, Travelhost has not been happy, needless to say.  Travehost has filed for temporary injunctions in an attempt to shut them down, so they have no way to continue to support their families.

That makes me sick.

There is some good news, though.

(Just because I’m not blogging every day, doesn’t mean I’m not watching.)

A quick google search and a few lucky clicks have landed me smack dab in the middle of some really interesting information:

Travelhost Magazine was DENIED a temporary injunction for one of the people who left!

This is great news for everyone in the Travelhost network, as well as those who left!  I’d be surprised if anyone stayed, knowing this…

See, in order for Travelhost to be awarded a temporary injunction stopping these people from publishing, they had to prove irreparable harm was done to their company.

Travelhost Magazine failed to prove this.

Why?

Because they can’t.  

They can’t, because any irreparable harm they may be experiencing, isn’t coming from people who left Travelhost to go independent (or me, despite what they’d like to believe), it’s coming from their own business model!

The very business model that Mr. James Buerger created 43 years ago.

I suspect that others will leave in droves now, and that other temporary injunctions will not fly.  I also suspect that Travelhost will be chasing it’s tail, trying to punish more people who suffered irreparably under the very system they bought into for $60k.

Some “business opportunity,” eh?

Could this be the beginning of the END of Travelhost Magazine?

I don’t know, but I do know that what goes around, comes around…

I wish these people who left (and are now leaving Travelhost) much luck and success in the near future, and hope that Travelhost Magazine changes their business model before it’s too late.

I’ve said this before, and I’ll say it again:

Why doesn’t Travehost Magazine spend money fixing it’s broken business model, instead of suing entrepreneurs who are trying to earn a living to support their families?

THE PUBLISHERS ADVOCATE

PS> I think it would be far more profitable building a national magazine with 3-400 publishers across the country.  A magazine with this penetration could be in 75% of the hotel rooms in the country, and demand top dollar for an advertisement.  Kind of like what Getaway Magazine is going to do over time.

I suppose there’s no fun unless your stealing from someone, huh Jimbo?

PPS> Another Associate Publisher throws in the towel…maybe we’ll get an interview with him for the next post?

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