Articles Posted in Trademark

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Diamond State Tire, Inc. (Diamond State) has been in business since 1989, and its customers and vendors often refer to it as Diamond Tire. Diamond Town Tire Pros & Auto Care LLC (Diamond Town) opened for business in 2015. Diamond State sued Diamond Town, alleging that Diamond Town violated Delaware’s Deceptive Trade Practices Act (the Act) by operating under a business name that creates a “likelihood of confusion” between the two businesses. The Court of Chancery entered judgment in favor of Diamond Town, concluding that Diamond State failed to demonstrate a violation of the Act. View "Diamond State Tire, Inc. v. Diamond Town Tire Pros & Auto Care, LLC" on Justia Law

Posted in: Trademark

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Plaintiff, Bishop Macram Max Gassis, was the former Chairman of the Board of Directors of Sudan Relief Fund, Inc., formerly known as Bishop Gassis Sudan Relief Fund, Inc. The Court of Chancery found that the Board’s decision to remove Plaintiff as director of the Fund neither violated the Fund’s bylaws nor constituted a breach of fiduciary duty. This opinion concerned remaining issues involving allegations that, after Plaintiff was removed as Chairman and member of the corporation, the corporation used, without authorization, Plaintiff’s trademarked property - Plaintiff’s name and likeness - to raise funds for its charitable purposes. Plaintiff, however, sued only individual directors of the Fund, not the corporation itself. The Court of Chancery granted Defendants’ motion to dismiss as to Plaintiff’s claims based on use of his trademarks, holding that there were no allegations in the complaint that could sustain a claim that Defendants personally misappropriated Plaintiff’s name and likeness to their own use or that Defendants took actions to cause the corporation to improperly exploit Plaintiff’s name and likeness. View "Gassis v. Corkery" on Justia Law

Posted in: Business Law, Trademark