74 N.Y.S. 366 | N.Y. Sup. Ct. | 1901
This is a suit in equity to restrain defendants from using plaintiff’s trade-marks and for an accounting to ascertain damages. The complaint alleges: Plaintiff’s ownership; a license granted defendants to use the trade-marks in consideration of defendants employing plaintiff’s husband, Louis F. Fromer, as salesman under an agreement between said Fromer and defendants of even date with the license; performance by plaintiff and by said Fromer of all the terms of his agreement and its termination on January 1, 1901; that the license “was, by the terms of the agreements of the parties, to be coextensive with the agreement of hiring,” and “expired on January 1, 1901”; but the defendants have, without authority, continued to use the trademarks. The defendants’ answer admits these allegations, except that they deny that plaintiff and said Fromer performed their agreements. They admit that such agreement expired on January 1, 1901, but deny that the license was coextensive with the agreement. For a further and separate defense the defendants aver that, under the terms of the agreement between them and Fromer, “it was agreed and provided that at the termination
Motion denied. Ten dollars costs.