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Contracts Keyed to Calamari
Beanstalk Group, Inc. v. AM General Corp.
Facts
AM General was the manufacturer of the Hummer vehicle. In the Agreement, AM General appointed Beanstalk "as its exclusive agent to find licensees to use AM General's Hummer trademark." Beanstalk was entitled to a commission of 35% on all gross receipts from relevant license agreements. The Agreement was to run until the end of 2000. In 1999, AM General and GM entered into a joint-venture agreement and GM acquired the Hummer trademark. Beanstalk sued AM general "for a 35% commission on so much of the consideration running from GM to AM General as is attributable to the value of the Hummer trademark." GM had informed Beanstalk that it would not compensate them for any "license agreements made or renewed after the effective date of the joint venture agreement" because they "had not assumed any of AM General's obligations under the representation agreement." The District court dismissed Beanstalk's complaint.
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