Marsu, B v. Plaintiff-Counter Defendant v. The Walt Disney Company, Defendant-Counter Claimant

ORDER

The Memorandum disposition filed March 25, 1999 is redesignated as an authored Opinion by Judge Harry Preger-son.

OPINION

PREGERSON, Circuit Judge:

I

On August 14,1990, Marsu B.V. and The Walt Disney Company entered into an agreement (the “Agreement”) that gave Disney the exclusive right to exploit worldwide “Marsupilami,” a cartoon character owned by Marsu. Historically, Marsupila-mi had been marketed, without supporting television exposure, in France, Belgium, and Germany in French-language comic books. In 1989, the year before Marsu entered into its Agreement with Disney, Marsupilami had…