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VIDEO TRIP CORP. v. LIGHTNING VIDEO, INC.

Docket 88-7736, No. 471.

866 F.2d 50 (1989)

The VIDEO TRIP CORPORATION, Plaintiff-Appellee, v. LIGHTNING VIDEO, INC., and Vestron, Inc., Defendants, Vestron, Inc., Defendant-Appellant. VESTRON PROMOTIONS, INC., Successor to Lightning Video, Inc., Counterclaim-Plaintiff-Appellant, v. BEST FILM & VIDEO CORPORATION and The Video Trip Corporation, Counterclaim-Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided January 20, 1989.

Attorney(s) appearing for the Case

Darrell K. Fennell, Fennell & Minkoff, New York City (Ronald C. Minkoff, of counsel) for defendant-appellant and counterclaim-plaintiff-appellant.

Jeffrey E. Jacobson, Jacobson & Colfin, New York City (Bruce Colfin, of counsel) for counterclaim-defendant-appellee Best Film & Video Corp.

Garry C. Davenport, Goetz Fitzpatrick & Flynn, New York City, for plaintiff-appellee and counterclaim-defendant-appellee The Video Trip Corp.

Before WINTER and MAHONEY, Circuit Judges, and METZNER, District Judge.

METZNER, Senior District Judge:

Vestron Promotions, Inc. ("Lightning") appeals from an order denying its motion for a preliminary injunction barring The Video Trip Corporation ("VTC") and Best Film & Video Corporation ("Best") from producing and distributing certain travel video cassettes ("video").

On January 28, 1986, VTC entered into a written agreement with Lightning which granted Lightning the "exclusive rights to market, manufacture and promote"...

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