Cheese Shop International, Inc. v. Steele

SHORT, Vice Chancellor:

This is a suit for an accounting in equity for payments allegedly due under a trademark licensing contract. The question is whether equity has jurisdiction in this action.

Cheese Shop International, Inc. (International) granted a license and franchise to Robert Steele, defendant, which permitted him to operate a retail establishment for the sale of cheeses under the trade name THE CHEESE SHOP. In return for the use of the trademark, confidential business information, display signs, shelving, cases, and sales counters, Steele promised to make monthly payments of 3% of his…