Recent AdditionMichele Mazur v. eBay Inc., Hot Jewelry Auctions.com d/b/a Jewelry Overstock Auctions and Paramount Auctions, et al. |
Co-Branding Agreement - Internet Library of Law and Court Decisions - Updated May 17, 2006Docket No. C-96-04 (Superior Ct. N.J., March 1, 2006)
After a lengthy trial, the Court found that defendant Amazon.com had breached an agreement it had entered into with plaintiff ToysRUs.com LLC ("Toys R Us"), by permitting third parties to sell toys on Amazon's web site. Finding that this breach went to the substance of the parties' agreement - which as interpreted by the Court provided that Toys R Us was to be the sole third party toy retailer on Amazon's web site - the Court granted Toys R Us's request that the agreement be terminated. Notwithstanding its finding that such a breach had occurred, the Court did not award Toys R Us damages. The Court also rejected counterclaims asserted by Amazon, arising out of Toys R Us's alleged failure to maintain levels of inventory sufficient to meet customer demand. |
