they contend that, at best, the language is ambiguous as to the kinds of disputes that should be arbitrated and those that should be litigated. the facts regarding the parties’ preliminary negotiations as to the site of arbitration are in dispute. defendants maintain that, at best, the language of the arbitration clause is ambiguous as to its scope. however, defendants’ correctly point to the parties’ choice of california law in their contracts. defendants argue in their brief that the focus of the negotiations was always on how to resolve all disputes, and not just particular kinds of disputes. it is quite unreasonable for defendants to believe that the arbitration clause limited the scope of their consent to jurisdiction when none of the language in the “consent to jurisdiction” clause was changed during negotiations.
they point to the fact that the contracts were negotiated and executed in germany and the fact that defendants performed all of their contractual duties in germany. an analysis of those cases reveals that this court indeed does not have subject matter jurisdiction in the lanham act claim. first, the court concluded that application of the lanham act to philippine commerce could create a conflict with philippine patent and trademark laws and with pending proceedings in that country. this is especially true in light of the presumption against the extraterritoriality of federal statutes, and in light of the fact that defendants are foreign themselves. in its complaint and brief, plaintiff does not allege activity of any kind by defendants in the united states. for the reasons stated, this court finds against the application of united states copyright laws to defendants’ activities, and dismisses that claim accordingly. however, this court grants defendants’ motion to dismiss the lanham act and copyright claims for lack of subject matter jurisdiction.
zenger-miller. mgmt. training systs. 1985 inc. 5000 rank: # 169. location: san jose, ca. founded: 1977. share: zenger-miller, inc. v. training team, gmbh, 757 f. supp. 1062 (n.d. cal. 1991) case opinion from the us district court in 1997 zenger miller, learning international & kaset international merged to form achieveglobal. zenger miller had a, achieve global, achieve global, achieve global customer service training, zenger miller 5 basic principles, miller heiman.
most widely held works by inc zenger-miller. giving and receiving constructive feedback( visual ) 1 edition published in incorporated: 1977 as zenger-miller inc. employees: 1,600. sales: $100 million ( 2006 est.) naic: zenger, the acquired company’s founder and president. the operator of several newspapers including the los angeles, achieve global leadership training modules, miller heiman headquarters
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