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Dilution › Motion to Dismiss

Morris James LLP

Dilution Claim in Which a Controller Received Additional Shares in Exchange for Its Interests, Was Exclusively Derivative

Morris James LLP on

Gentile v. Rossette, 906 A.2d 91, 100 (Del. 2006), held that dilution claims involving a controller can be both derivative and direct. In Gentile, the Delaware Supreme Court found that dilution claims, challenging a...more

Knobbe Martens

So You Want to Be Famous - Do You Have $10 Billion? Patagonia Trademark Deemed Famous for Trademark Dilution Claim

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In April 2019, outdoor apparel company Patagonia, Inc. sued Anheuser-Busch, LLC in the District Court for the Central District of California. Patagonia brought eight claims against the Anheuser-Busch brand “Patagonia Brewing...more

Patterson Belknap Webb & Tyler LLP

Commercial Division Holds That Agreement That Specifies Dilution as Remedy for Failure to Make Capital Call Prohibits Plaintiff...

Patterson Belknap Webb & Tyler LLP on

Operating agreements often specify dilution as the remedy for a failure to make a capital contribution. But what if your business partner fails to make a contribution and you’d rather have the capital than an increased...more

Knobbe Martens

Does Louis Vuitton Lack A Sense Of Humor? The Parody Defense Is No Laughing Matter For Brand Owners

Knobbe Martens on

On December 22, 2016, the Second Circuit gave tote bag manufacturer My Other Bag an early Christmas present by tossing out luxury giant Louis Vuitton’s claims of trademark infringement, copyright infringement, and trademark...more

Dorsey & Whitney LLP

The Second Circuit Gets the Joke - Affirms Dismissal of Trademark Parody Lawsuit

Dorsey & Whitney LLP on

Last January, we blogged about a district court decision involving trademark parody in Louis Vuitton Malletier, S.A. v. My Other Bag, Inc. In that decision, the court held that defendant My Other Bag had convincingly argued...more

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