In a trademark dispute involving Austrian liquor, district court order granting defendants motion to dismiss for improper venue is reversed and remanded where the subject matter of plaintiff's claims is not covered by the forum selection clauses contained in the licensing agreement as plaintiff's claims do not sound in contract and are not based on rights originating from the licensing agreement.
Appeal from the United States District Court for the Southern District of New York.
Argued: September 22, 2008
Decided: July 13, 2009
Before: WESLEY, HALL, and GIBSON, Circuit Judges.
Opinion by GIBSON, Circuit Judge.
For Plaintiff: Christopher L. Deininger
For Defendant: Jamie D. Underwood