Cheese Shop International, Inc. v. Steele

HERRMANN, Chief Justice:

This is an action for an accounting under, and for specific performance of, a trademark-licensing contract. The Chan- eery Court, dismissed the action for want of equity jurisdiction. See 303 A.2d 689. The question on appeal is whether equity jurisdiction was properly denied.

The plaintiff, a widely-known franchise operator, entered into a licensing contract with the defendant which provided that the defendant was to receive from the plaintiff : exclusive franchise rights within a designated area; use of the plaintiffs trademark; continuing promotional services to aid…