(DOWNLOAD) "Internet East, Inc. v. Duro Communications" by North Carolina Court of Appeals ~ eBook PDF Kindle ePub Free
eBook details
- Title: Internet East, Inc. v. Duro Communications
- Author : North Carolina Court of Appeals
- Release Date : January 02, 2001
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
Appeal by defendant from judgment entered 30 August 2000 by Judge Clifton W. Everett, Jr., in Pitt County Superior Court. Heard in the Court of Appeals 23 August 2001. Defendant appeals from the trial court's order allowing plaintiffs' motion to stay arbitration and denying defendant's motion to compel arbitration and to stay proceedings. Based upon the record before us, it appears that on 25 May 1998, plaintiffs Steven I. Cohen and Antonio Marie, III, entered into a pre-incorporation agreement in which they agreed to form the corporation known as ""Internet East, Inc."" Their business was to involve the operation of an internet access provider service, computer sales and services, and other computer and internet related services. As part of setting up the company, on 1 June 1998, Marie executed a license agreement with Internet of Greenville, Inc. (Licensor), an internet provider in Pitt County, North Carolina, under the name of ""Internet of New Bern"" (Licensee). According to the license agreement, Internet of New Bern licensed from Internet of Greenville, Inc., ""the entire right, title and interest in and to the trade name and other related proprietary marks of Internet of Greenville, Inc."" In addition, the license agreement states that Internet of New Bern ""wish[ed] to obtain a license from Licensor for the purpose of operating an Internet access, electronic mail and personal web page services business within a defined and limited territory as set forth herein, with the use of Licensor's unique system, trade names and marks."" Since the parties contemplated that Internet of Greenville, Inc., would license the trade names to other companies, the parties agreed that Internet of New Bern would have the exclusive right to the trade name only within a defined geographic area. In addition, the Agreement provides that the "". . . Licensee agrees that Licensor shall be its exclusive provider of Internet access, electronic mail and electronic news facilities and services."" Thereafter, the license agreement was assigned from Internet of New Bern to plaintiff Internet East, Inc.
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