ORANGE COUNTY CHOPPERS v. OLAES ENTERPRISES

No. 06 Civ. 7211(WCC).

497 F.Supp.2d 541 (2007)

ORANGE COUNTY CHOPPERS, INC., a New York Corporation, Plaintiff-Counterdefendant, v. OLAES ENTERPRISES, INC. d/b/a ODM, a California Corporation, Defendant-Counterplaintiff, v. Vending Supply, Inc., a Nevada Corporation, and Interbrand LLC, a Delaware limited liability corporation, Additional Counterdefendants.

United States District Court, S.D. New York.

July 27, 2007.


Attorney(s) appearing for the Case

Tabner, Ryan and Keniry, LLP, William J. Keniry, Esq., Benjamin F. Neidl, Esq., of Counsel, Albany, NY, for Plaintiff-Counterdefendant Orange County Choppers, Inc.

Bleakley Platt & Schmidt, LLP, Thomas G. Bailey, Jr., Esq., of Counsel, White Plains, NY, Law Offices of Darren J. Quinn, Darren J. Quinn, Esq., of Counsel, Del Mar, CA, for Defendant-Counterplaintiff Olaes Enterprises, Inc. d/b/a ODM.

Marsh Menken & Weingarden PLLC, Mitchell I. Weingarden, Esq., David A. Menken, Esq., of Counsel, White Plains, NY, for Additional Counterdefendant Vending Supply, Inc.

Markotsis & Lieberman, Douglas M. Lieberman, Esq., of Counsel, Hicksville, NY, for Additional Counterdefendant Interbrand, LLC.


OPINION AND ORDER

wILLIAM C. CONNER, Senior District Judge.

Plaintiff Orange County Choppers, Inc. ("OCC")1 brings this action against Olaes Enterprises, Inc. d/b/a ODM ("ODM")2 for breach of contract and unjust enrichment. OCC and ODM entered into a licensing agreement pursuant to which ODM agreed to pay royalties to OCC in return for a license...

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