(DOWNLOAD) "Koepsell's Olde Popcorn Wagons" by State of Wisconsin in Court of Appeals District II ~ Book PDF Kindle ePub Free
eBook details
- Title: Koepsell's Olde Popcorn Wagons
- Author : State of Wisconsin in Court of Appeals District II
- Release Date : January 16, 2004
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 88 KB
Description
¶1. Koepsell's Olde Popcorn Wagons, Inc. and Dennis Koepsell (collectively "Koepsell") appeal from a decision granting summary judgment to Koepsell's Festival Popcorn Wagons, Ltd. and James Kocovsky (collectively "Kocovsky"), dismissing Koepsell's breach of contract claim, declaring that Kocovsky is the owner of the trademark, and finding that the breach of contract action was frivolous. We affirm the trial court's dismissal of the breach of contract claim. However, because there are material issues of fact with regard to ownership of the Koepsell trademark, we reverse and remand the trademark issue to the trial court. In addition, we reverse the trial court's finding that the breach of contract claim was frivolous, and direct the court on remand to clarify which statutory criteria were present for its finding. If this is done, the frivolous finding shall be reinstated.