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CARVEL CORP. v. EISENBERG

No. 87 Civ. 608 (CSH).

692 F.Supp. 182 (1988)

CARVEL CORPORATION, Plaintiff, v. Barry EISENBERG and Linda Eisenberg, formerly d/b/a Carvel Store No. 1229, Defendant.

United States District Court, S.D. New York.

July 6, 1988.

Attorney(s) appearing for the Case

Carvel Corporation Legal Dept., Yonkers, N.Y., for Carvel Corp.; Eric B. Kaviar, Richard G. Cirino, of counsel.

Nims, Howes, Collison & Isner, New York City, for defendant; Margaret Ranft, Kevin Parks, of counsel.

MEMORANDUM OPINION AND ORDER

HAIGHT, District Judge:

The defendants operated a Carvel ice cream store in Dade County, Florida, under a license agreement that expired on October 31, 1986. Although the defendants did not renew the agreement, it is undisputed that they continued to operate a retail ice cream store after that date, selling ice cream and frozen deserts that are not Carvel products, at the same location.1

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