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stables, the entry to the castle, and the addition of a medieval
village. Additionally, MTNV had a contract to pay Eurotor for
management and consulting services.
The “Medieval Times” name was first used in the United
States in December 1982 when Castro filed an application for a
post office box in Kissimmee. From 1982 until the purported
licensing agreements with Manver, MTNV conducted business using
the “Medieval Times” name and the “formula” without paying
compensation to any other person or entity. Petitioners argue
that the agreements between MTNV and TM dated February 1, 1983,
bound MTNV to compensate TM for the use of the intangibles.
The language in the two contracts between MTNV, Eurotor, and
TM, dated February 1, 1983, and January 20, 1983, is virtually
identical to the language in Forsyth’s November 1986 draft letter
to Santandreu. Forsyth’s letter was a recap of a conversation
between Forsyth and Santandreu. In the letter, Forsyth discussed
the franchise agreement, the script document, and the need to set
out TM’s responsibilities as licensor of the Medieval Times
concept. The letter stated that TM should include with its
duties assistance with the design of costumes, with training
horses and actors, and with quality control.
On cross-examination, Forsyth was asked about his notes
taken on or about May 20, 1986. His testimony proceeded as
follows:
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