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JOHN B. STETSON COMPANY v. JOH. A. BENCKISER GMBH

4348, 600074/10.

81 A.D.3d 559 (2011)

917 N.Y.S.2d 189

JOHN B. STETSON COMPANY, Appellant, v. JOH. A. BENCKISER GMBH et al., Respondents.

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

Decided February 22, 2011.

In 1980, plaintiff and Pfizer, Inc., defendants' predecessor-in-interest, entered into a license agreement that imposed upon Pfizer, as licensee, the duty to "actively promote, advertise and sell [the licensed products] in each country or jurisdiction within the Territory," which was comprised of the United States and Canada. In 1986, plaintiff and Pfizer executed an amendment to the license agreement, of which section 5, called...

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