Warner Licensing Co. v. Kitty Fan Koo

Order, Supreme Court, New York County (Barbara R. Kapnick, J.), entered December 17, 2003, which, to the extent appealed from, denied defendants’ motion for summary judgment, unanimously affirmed, without costs.

The motion court correctly denied defendants’ motion for summary judgment dismissing this breach-of-contract action, since disputed issues of fact exist as to whether, under the particular circumstances of this case, the subject licensing agreement gave rise to an implied obligation on plaintiff’s part to make reasonable efforts to generate profits from the trademark licensed to it by…