BEV-PAK, INC. v. BROOKE BOND FOODS, INC.


114 A.D.2d 558 (1985)

Bev-Pak, Inc., Appellant, v. Brooke Bond Foods, Inc., Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

October 10, 1985


Casey, J.

On or about October 14, 1980, plaintiff, a bottler of beverages, and defendant, the owner of the trademark "Red Rose" dealing in tea and tea products, entered into a franchising agreement whereby defendant licensed plaintiff to use its trademark in the bottling and selling of canned ice tea. This agreement was terminated upon the mutual consent of the parties, on or about September 29, 1982. By letter bearing that date, defendant stated that...

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