Berlitz Schools of Languages of Am., Inc. v. Berlitz, 41 N.Y.2d 878 (1977)

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A court will strictly construe the terms of a declaratory judgment enforcing a restrictive covenant, and will not expand the scope of the injunction beyond the explicit prohibitions contained within the judgment.

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Summary

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Berlitz Schools sought to enforce a declaratory judgment against Charles F. Berlitz, preventing him from using the “Berlitz” name in connection with foreign language teaching texts. The judgment, resulting from prior litigation, allowed Charles Berlitz to identify himself as the author of language materials, provided he disclaimed any connection with Berlitz Schools. The Court of Appeals held that Charles Berlitz’s publication of books identifying himself as the author and grandson of the founder, with a disclaimer of current affiliation, did not violate the judgment. The court reasoned that the judgment’s wording was carefully chosen and the defendant’s actions complied with the literal requirements.

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Facts

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Following extended litigation, a declaratory judgment was issued against Charles F. Berlitz in 1973 regarding the use of his name in connection with language teaching materials.r
The judgment permitted Charles Berlitz to identify himself as an author but prohibited him from using