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ALESAYI BEVERAGE CORP. v. CANADA DRY CORP.

August 31, 1992

ALESAYI BEVERAGE CORPORATION, Plaintiff and Counterclaim Defendant, against CANADA DRY CORPORATION, Defendant and Counterclaim Plaintiff.


The opinion of the court was delivered by: VINCENT L. BRODERICK

 VINCENT L. BRODERICK, U.S.D.J.

 I

 BREACH OF CONTRACT COUNTERCLAIMS:

 1. Direct breaches of contract - counts I, II, III and XIII

 2. Unjust enrichment through breach of contract, which amounts to another claim of breach of contract and is treated as such - count IV

 3. Negligent performance of contract, also in essence failure to perform under, and hence breach of, contract and also treated as such - counts V and VI

 4. Declaratory judgment that the license agreement between the parties was breached and hence terminated - count VII

 INTELLECTUAL PROPERTY INFRINGEMENT COUNTERCLAIMS:

 1. Trademark infringement under the Lanham Act - counts VIII and IX

 2. Trade dress infringement (Lanham Act) - count X

 3. Misappropriation/palming off - count XI

 4. Dilution and injury to business reputation ...


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