GOLD BOND STAMP CO. v. MacDONALD CO.


34 Misc.2d 327 (1962)

Gold Bond Stamp Company of New York, Plaintiff, v. E. F. Mac Donald Stamp Company et al., Defendants.

Supreme Court, Special Term, New York County.

April 25, 1962


Attorney(s) appearing for the Case

Cleary, Gottlieb & Steen for plaintiff. Davis Polk Wardwell Sunderland & Kiendl (Lawrence E. Walsh, Richard E. Nolan, Roland W. Donnem and T. Richard Brown of counsel), for defendants.


SAMUEL M. GOLD, J.

There is no express provision in the agreements between plaintiff and its licensees which obligates them to purchase plaintiff's stamps exclusively, except as to the 60-day period after the termination of the agreements. There is a provision that if the licensee shall use stamps of others, which may cause confusion or impair the good will of the "Licensor", the latter may, at its option, terminate the agreement. In such event...

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