SURGE LICENSING, INC. v. COPYRIGHT PROMOTIONS LIMITED


258 A.D.2d 257 (1999)

685 N.Y.S.2d 175

SURGE LICENSING, INC., et al., Appellants, v. COPYRIGHT PROMOTIONS LIMITED, Respondent.

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

Decided February 2, 1999.


The parties' clear and unambiguous contract created an arms length licensor/licensee relationship, pursuant to which defendant was obligated to remit to plaintiffs a percentage of royalties it collected from third-party licensees on a quarterly basis. Nothing in the language of the agreement or the parties' course of conduct, as alleged, during the agreement's initial three-year term and three subsequent, successive one-year extensions...

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