PANTONE, INC. v. ESSELTE LETRASET, LTD.

No. 997, Docket 88-7775.

878 F.2d 601 (1989)

PANTONE, INC., Plaintiff-Appellant, v. ESSELTE LETRASET, LTD., Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided June 28, 1989.


Attorney(s) appearing for the Case

Steven B. Pokotilow, New York City (Anita K. Young, Blum Kaplan, New York City, of counsel), for plaintiff-appellant.

Morris Relson, New York City (Beverly B. Goodwin, Andrew Baum, Darby & Darby, New York City, of counsel), for defendant-appellee.

Before NEWMAN, CARDAMONE and WINTER, Circuit Judges.


WINTER, Circuit Judge:

This appeal concerns the interpretation of two expressly interrelated agreements executed in 1972 (the "1972 Agreements" between Pantone, Inc. ("Pantone") and Esselte Letraset, Ltd. ("Letraset")). Pursuant to these agreements Pantone granted a license to use its trademark "Pantone" (the "Trademark Agreement") and transferred certain assets to Letraset (the "Purchase Agreement"). These agreements included: (i) a limited covenant by Pantone not...

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