Court of Chancery of Delaware

In a breach of contract action arising out of the merger of Nextel with and into a subsidiary of Sprint, the court finds that: 1) Sprint Nextel will violate the implied duty of good faith and fair dealing if it offers certain products and services in plaintiffs- service areas using the Sprint brand and other marks or re-brands using the new Sprint logo; 2) plaintiffs- objections to certain actions were not ripe for judicial determination, while other challenged actions did not violate the implied duty of good faith and fair dealing; 3) subject to certain prohibitions and safeguards, Sprint Nextel need not strictly limit certain disclosure to its affiliate group; 4) plaintiffs are entitled to a permanent injunction to enforce their rights in the Sprint brand and marks in service areas; 5) Nextel did not tortiously interfere with plaintiffs- contracts with Sprint; and 6) plaintiffs did not prove the existence of a civil conspiracy.

Appellate Information

• Decided 08/04/2006
• Published 08/21/2006

Judges

Court

• Court of Chancery of Delaware

Counsel