Botany Industries, Inc. v. New York Joint Board, Amalgamated Clothing Workers of America

OPINION

EDELSTEIN, Chief Judge:

This is an action in which plaintiff employer seeks to vacate a labor arbitration award and defendant union seeks to confirm and to enforce the award, o 'The relevant facts, which are not in dispute, are as follows. In 1963, plaintiff Botany Industries, Inc. (hereinafter referred to as “Botany”) licensed Levinsohn Bros. & Co., Inc. (hereinafter referred to as “Levinsohn”) to manufacture and sell boys’, students’ and junior clothing; and to use the trademark “Botany” on the manufactured clothing. At the time the licensing agreement was entered into, Levinsohn had…