AM. HARLEY CORP. v. IRVIN IND.


27 N.Y.2d 168 (1970)

American Harley Corp., Respondent, et al., Plaintiff, v. Irvin Industries, Inc., Appellant, et al., Defendant.

Court of Appeals of the State of New York.

Decided October 8, 1970.


Attorney(s) appearing for the Case

Arnold I. Burns and Milton E. Mermelstein for appellant.

Donald H. Shaw for respondent.

Judges SCILEPPI, BERGAN and GIBSON concur with Chief Judge FULD; Judge BREITEL concurs in a separate opinion in which Judge JASEN concurs; Judge BURKE taking no part.


Chief Judge FULD.

Harley Patents (International) Ltd. (hereinafter referred to as British Harley) owned certain patents covering an automobile seat belt buckle. In 1958, it granted American Harley Corp. an exclusive license to manufacture and sell that buckle in the United States and Canada. It had previously granted similar rights to the buckle to a European subsidiary of Irvin Industries, Inc., for England...

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