Dawson v. Lohn

THOMAS, Chief Justice.

The problem posed in this case is whether, in the context of a disposition by summary judgment, a contract which conveys a trade name is ambiguous because that term might also allude to a trademark thereby requiring the district court to consider evidence apart from the contract documents to the effect that the parties contemplated a transfer of a trademark. We agree with the district court that this contract is not ambiguous and is susceptible to the rule that construction of such a contract is a matter of law for the court. The terms trade name and trademark are…