The parties agree, however, that ASI performed Meade's responsibilities under the agreement.
I, ¶ 20.) The record contains no evidence that Meade formally assigned his interest to ASI or that plaintiff consented in writing to such an assignment. ¶ 2.) The agreement, however, provides that neither party may assign it without the other party's written consent. purported to assign his rights and duties under the Agreement to. Plaintiff alleges that "on information and belief some time after the effective date of the Agreement, Meade.
§ 1404(a), for transfer of venue to the Southern District of Ohio. 12(b) (2) and 12(b) (3), defendants moved to dismiss for lack of personal jurisdiction and improper venue or, in the alternative, pursuant to 28 U.S.C. These claims include (1) breach of contract, (2) copyright infringement, (3) patent infringement, (4) trademark infringement, (5) false designation of origin, (6) common law trademark infringement, (7) common law unfair competition, (8) dilution of mark, and (9) breach of duty of good faith and fair dealing. In 1999 plaintiff commenced this action against both defendants alleging a variety of claims under both state and federal law. ("ASI") and became ASI's majority shareholder, president and CEO. At the time Meade entered into the agreement he was a sole proprietor doing business under the name "Ascent Solutions." In 1993 Meade incorporated his business in Ohio under the name Ascent Solutions, Inc.
Pkware v meade casebrief software#
In September 1992 plaintiff and Meade entered into a contract (the "agreement") under which Meade would convert some of plaintiff's software so that it could be used in environments other than those for which it was designed. Meade is an Ohio resident in the business of translating and reselling software. Plaintiff is the originator of certain software known as PKZIP software, and owns a patent, trademarks and copyrights on some of the technology related to the software. is a Milwaukee company which develops and licenses various software products. MEADE and Ascent Solutions, Inc., Defendants.