Green River is the trademark under which Sethness-Greenleaf, Inc., sold to bottlers a soft drink according to
Question:
“Green River” is the trademark under which Sethness-Greenleaf, Inc., sold to bottlers a soft drink according to a formula that was Sethness-
Greenleaf’s trade secret. Sethness-Greenleaf sold the Green River business, including the trademark and the trade secret, to Green River Corp. The purchase price was to be paid in installments.
When the price was paid in full, the secret formula for the manufacture of Green River beverage and syrup, till then held in escrow, would be released to Green River Corp. Green River Corp. fell behind in its payments and Sethness-Greenleaf declared a default, stopped supplying Green River Corp., and demanded the return of the formula from the escrow agent. Unwilling to stop doing business under the “Green River” name, Green River Corp. procured a green soft drink from another producer and sold it under the “Green River” name, precipitating this suit by Sethness-Greenleaf. Green River Corp. counterclaimed that it is not guilty of infringement because Sethness-Greenleaf’s failure to continue to supply it with the product was a breach of contract.
Assuming that Sethness-Greenleaf is guilty of breach, is Green River Corp. correct? Green River Bottling Co. v. Green River Corp., 997 F.2d 359 (7th Cir. 1993).
Step by Step Answer:
International Business Law And The Legal Environment
ISBN: 9781138850989
3rd Edition
Authors: Larry A DiMatteo