Giannoulas

Viewed in its most obvious aspect, this controversy about a chicken suit poses the simple issue whether a local radio station may prevent its ex-employee/mascot from wearing a chicken suit. Silly though the issues appear at first glance, the underlying principles are serious. We deal with a conflict between an employer’s asserted contract rights and the fundamental rights of an employee to earn a living, even in possible violation of the employer’s bargain with him. We are also concerned with interpreting the application of California’s restraint of trade statute (Bus. & Prof. Code, § 16600) to an entertainment contract which ostensibly restricts the entertainer from continuing to perform after a breach.

Appellant Ted Giannoulas seeks a writ of supersedeas to stay a preliminary injunction which he has appealed.

While employed by respondent radio station, KGB, Inc., Giannoulas made public appearances as a character known as the “KGB Chicken,” a costumed chicken performing comic routines. Giannoulas stopped working for KGB. The station brought this lawsuit alleging breach of employment contract, unfair competition, servicemark infringement, and other causes. KGB sought…