Erdenberger, Inc. v. Partek North America, Inc.

Opinion by Judge NEY.

Defendant, Partek North America, Inc., appeals the declaratory judgment entered against it and in favor of plaintiff, Erdenber-ger, Inc. We affirm.

In January 1988, plaintiff entered into an agreement with defendant whereby plaintiff was engaged to research and develop the commercial applicability of defendant’s products for horticultural purposes. Pursuant to its terms, this agreement terminated in January 1990 when neither party sought to renew it.

In June 1990, plaintiff entered into another agreement with defendant whereby plaintiff would exchange trademark rights for…