Dist. Ct. did not err in granting defendant’s motion for summary judgment in breach of contract action alleging that defendant failed to pay plaintiff renewal fee for use of plaintiff’s designs on defendant’s website beyond one-year period set forth in original contract between parties. Original contract called for defendant to pay plaintiff set fee for generation of designs requested by defendant’s clients who posted job openings on defendant’s website and further required defendant to pay plaintiff set fee if clients wanted any change to designs after one-year use of original design. While plaintiff argued that once original written contract expired defendant orally agreed to pay it renewal fees for client use of designs after one-year period regardless of whether any changes to designs were requested, record supported defendant’s claim that plaintiff was not entitled to any fee beyond original one-year period unless client requested change to design. Moreover, Dist. Ct. was entitled to find that defendant had acquired implied, non-exclusive right to use plaintiff’s designs under terms of original written agreement, and that there was no subsequent oral agreement that imposed any conditions on said right or required defendant to pay plaintiff renewal fee for use of design beyond original one-year period where client made no request for revision of design.
Federal 7th Circuit Court
Civil Court
Contracts