WATHNE IMPORTS, LTD. v. PRL USA, INC.


63 A.D.3d 476 (2009)

881 N.Y.S.2d 402

WATHNE IMPORTS, LTD., Appellant, v. PRL USA, INC., et al., Respondents, et al., Defendant.

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

Decided June 9, 2009.


The court dismissed the claim that defendants usurped plaintiff's exclusive license to manufacture products under the Collection trademark upon a finding that plaintiff had waived its rights under the license agreement. However, while there is evidence that plaintiff acquiesced in defendants' reassumption of the Collection line and relinquished its interest in that trademark, whether it did so voluntarily or against its own wishes is disputed (see Fundamental Portfolio...

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