Edelmann v. National Patent Development Corp.

MEMORANDUM GRANTING PARTIAL RELIEF UNDER RULE 56

MILTON POLLACK, Senior District Judge.

Defendants move for summary judgment on plaintiffs’ claims under Rule 56 of the Federal Rules of Civil Procedure. Plaintiffs allege breach of a licensing agreement, trademark infringement, unfair competition and fraud. For the reasons stated herein, the motion will be granted in part, and denied in part.

Plaintiffs Edelemann and Schultz are partners in Solarband Sports Associates, a New York partnership (“SSA”). On May 20, 1981 SSA and defendant MXL Industries, Inc., formerly National Hydron Incorporated…