· 5/15/1979
James Bloor, as Reorganization Trustee of Balco Properties Corporation, and Cross-Appellant v. Falstaff Brewing Corporation, and Cross-Appellee
Citations
- 601 F.2d 609
- 1979 U.S. App. LEXIS 14681
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that the New York law on best efforts clauses \is far from clear and it is unfortunate that a federal court must have to apply it\
- holding licensor could not treat licensee = s brands less favorably than its own
- holding licensor could not treat licensee=s brands less favorably than its own
- affirming injunction enforcing defendant’s promise “to ‘use its best efforts’ to promote plaintiff’s products and treat them in a ‘favorable manner’”
- affirming lower court's enforcement of contractual provision in which promisor agreed to use best efforts to promote and maintain a high volume of promisee’s products
- noting that Defendant was “bound to make a good faith effort to see that substantial sales of [Plaintiff’s] products were made” and given its failure to do so, the judge may a reasonable estimate of royalties that would have been due
Source: CourtListener parenthetical corpus (CC0).
Judges: Friendly, Mes-Kill, Moore
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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