FOOD & BEVERAGES CASES
U.S. 2nd Circuit, May 15, 2008
Topps Co., Inc. v. Cadbury Stani S.A.I.C., No. 06-5316
In an action alleging breach of contract and misappropriation of trade secrets involving a chewing gum licensing agreement, summary judgment for defendant is reversed and remanded where: 1) the licensing agreement was ambiguous as to defendant's entitlement to continual usage of trade secrets after the agreement's terminate date; and 2) extrinsic evidence did not weigh overwhelmingly in defendant's favor to permit a resolution of the agreement's ambiguity by summary judgment.
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