Quimbee logo
DMCA.com Protection Status

Beanstalk Group, Inc. v. AM General Corporation

283 F.3d 856 (2002)

Case BriefRelatedOptions
From our private database of 33,600+ case briefs...

Beanstalk Group, Inc. v. AM General Corporation

United States Court of Appeals for the Seventh Circuit

283 F.3d 856 (2002)

Play video

Facts

AM General Corporation (AM General) (defendant) manufactured a line of vehicles known as Hummers. In 1997, AM General entered into a representation agreement with Beanstalk Group, Inc. (Beanstalk) (plaintiff), by which Beanstalk agreed to act as AM General’s sole nonemployee representative for negotiating trademark-license agreements for the Hummer. The agreement defined a license agreement as “any agreement or arrangement, whether in the form of a license or otherwise, granting merchandising or other rights in the Property.” Any payments for license agreements negotiated by Beanstalk were tendered to Beanstalk, which then deducted a 35 percent commission and forwarded the balance to AM General. In 1999, AM General entered a joint-venture agreement with General Motors (GM) (defendant), by which GM assumed the Hummer trademark. The joint-venture agreement did not require GM to assume the representation agreement with Beanstalk. GM refused to pay Beanstalk a commission for any license agreements made after the date of the joint-venture agreement. Beanstalk brought a breach-of-contract action against AM General and GM. The district court granted the defendants’ motion to dismiss for failure to state a claim, and Beanstalk appealed to the United States Court of Appeals for the Seventh Circuit.

Rule of Law

Issue

Holding and Reasoning (Posner, J.)

Concurrence/Dissent (Rovner, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 602,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 602,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 33,600 briefs, keyed to 984 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 602,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 33,600 briefs - keyed to 984 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership