is that the Court has now acknowledged that antidilution
Welkowitz, Preemption, Extraterritoriality, and the Problem of State Antidilution
Laws, 67 Tul.
2014) (describing remedies under the federal antidilution
Other common minority shareholder rights are tagalong rights, antidilution
rights, and remedies in the event of a breach or default.
305-7(b)(1) provides that a change in the conversion ratio of convertible stock or convertible securities under a bona fide and reasonable adjustment formula will not be considered to result in a deemed distribution of stock if it has the effect of preventing dilution of the interest of the holders of the convertible stock or securities (the antidilution
Our analysis suggests that PIPE contracts often include many of the same protections that are found in contracts between venture capitalists and private entrepreneurial companies including special dividend rights, antidilution
rights, first refusal rights, and redemption rights (Kaplan and Stromberg, 2003).
Barton Beebe, A Defense of the New Federal Trademark Antidilution
Law, 16 FORDHAM INTELL.
Upon conversion of the note or preferred stock, the holders will receive a specified amount of common stock, and their percentage equity interest (calculated on a post-conversion basis) will be protected (before and after conversion) through antidilution
and similar contractual protections.
The dilution concept was initiated by Professor Frank Schechter, who urged antidilution
legislation to protect the valuable "uniqueness" of distinct marks.
protection does not merely exist in statutory rights.
Although prospective customers of A are unlikely to believe that A operates or sponsors the bar, B is subject to liability to A for tarnishment under an applicable antidilution
statute if the customers are likely to associate A's mark or A's business with the images evoked by B's use.
Adding gross buybacks takes account of the antidilution
effects of narrowing the equity base of companies currently in the index.