Spitz v. Proven Winners North America, LLC

Dist. Ct. did not err in granting defendants’ motion for summary judgment in action alleging that defendants breached contract that plaintiff had with third-party entity, which was partially controlled by defendants, where defendants began describing some of its plants as “pet-friendly” in contravention to contract that gave plaintiff royalty for third-party entity’s use of said term in its plant sales. Record failed to show that defendants were bound by terms of plaintiff’s contract, where plaintiff failed to show that defendants were part of joint venture involving use of "pet friendly" lable with entity that had actually contracted with plaintiff, or that defendants were agents of said entity.