United States Second Circuit
Altvater Gessler-J.A. Baczewski Int'l Inc. v. Sobieski Destylarnia S.A., 07-2273
In a trademark dispute involving Austrian liquor, district court order granting defendants motion to dismiss for improper venue is reversed and remanded where the subject matter of plaintiff's claims is not covered by the forum selection clauses contained in the licensing agreement as plaintiff's claims do not sound in contract and are not based on rights originating from the licensing agreement.
Appellate Information
- Decided 07/13/2009
- Published 07/13/2009
Judges
- JOHN R. GIBSON, Circuit Judge., Before: WESLEY, HALL, and GIBSON, Circuit Judges.
Court
- United States Second Circuit
Counsel
- For Appellees:
- Christopher L. Deininger, for Plaintiffs-Counter-Defendants-Appellants., Jamie D. Underwood, for Defendants-Appellees.