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Contracts Keyed to Whaley
Professional Bull Riders, Inc. v. AutoZone, Inc.
Citation:
Supreme Court of Colorado, 2005. 113 P.3d 757.Facts
Professional Bull Riders, Inc. (Plaintiff) entered into an oral agreement for sponsorship with AutoZone, Inc. (Defendant). Plaintiff provided defendant with a written agreement to secure sponsorship services from December 20, 2000 to December 31, 2002. Defendant never signed the agreement. However, plaintiff contends that defendant accepted the agreement based on performance. The agreement included a provision which stated that defendant could terminate the agreement early by providing written notice of termination no later than August 15, 2001. Defendant informed plaintiff in January 2002 that it would not be sponsoring plaintiff for events in 2002. Despite this notice, plaintiff continued to use Defendant’s trade name and service mark at its events.
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