WARNER LICENSING COMPANY, INC. v. KOO


21 A.D.3d 730 (2005)

800 N.Y.S.2d 506

WARNER LICENSING COMPANY, INC., Respondent, v. KITTY FAN KOO et al., Appellants.

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

September 1, 2005.


The motion court correctly denied defendants' motion for summary judgment dismissing this breach-of-contract action, since disputed issues of fact exist as to whether, under the particular circumstances of this case, the subject licensing agreement gave rise to an implied obligation on plaintiff's part to make reasonable efforts to generate profits from the trademark licensed to it by the corporate defendant (cf. Wood v. Duff-Gordon, 222 N.Y. 88 [1917]). The motion...

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