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BILLY MARTIN'S WESTERN WEAR L.A., INC. v. WYLER TEAM INTERNATIONAL CORPORATION

23 A.D.3d 285 (2005)

808 N.Y.S.2d 16

BILLY MARTIN'S WESTERN WEAR L.A., INC., Appellant, v. WYLER TEAM INTERNATIONAL CORPORATION et al., Respondents. (And a Third-Party Action.)

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

November 22, 2005.

Although plaintiff in the TLA purported to transfer to defendant Wyler Team International Corporation (Wyler) certain trademarks for use in the manufacture and sale of goods, and in that connection covenanted that it was "the sole and exclusive licensee of all rights, title and interest" in the trademarks and was authorized to transfer such interest, the record establishes that any interest plaintiff had in the subject trademarks was acquired through a 1999 agreement, respecting...

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