MATTER OF THREE DOTS, INC. v. LONNY'S WARDROBE, INC.


292 A.D.2d 309 (2002)

739 N.Y.S.2d 701

In the Matter of THREE DOTS, INC., Respondent, v. LONNY'S WARDROBE, INC., Appellant.

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

Decided March 28, 2002.


Respondent's admitted possession of petitioner's trademarked merchandise shows that petitioner likely has a cause of action (see, Matter of Murjani v Ming, 155 A.D.2d 290) for breach of contract against the as yet unidentified persons or entities that supplied respondent with such merchandise in violation of the restrictive covenant contained in petitioner's contracts with its customers prohibiting the resale of its trademarked merchandise...

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