TCOs F & G.
Laura Etheridge and Rita O’Donnell, the CEO and Creative Director of Clean Clothes (a Texas-based lesbian women’s clothing line) brainstormed together and came up with a tagline for their new slacks line: “Masculine Attitude, Feminine Fit.” They market the product on YouTube, Twitter, and Facebook showcasing their “Funky Femme” slacks collection, made from a material that resembles alpaca wool but is actually organic cotton. To further the advertising impact, the team uses an Ellen DeGeneres look-alike in the YouTube video, where the model does the “Ellen dance” – and mouths “love the pants” as she points to her legs, and then walks off leading an Alpaca by a halter. Within months, the slacks are a huge hit in the lesbian community. Clean Clothes sends a letter to their attorney asking him to trademark their tagline and moves forward without another thought about it.
Meanwhile, Men2Wimmin, a French company with a branch in New York, has established a huge following in the gay and …show more content…
Therefore, Ellen's rant was public knowledge. Thus, no inside information was available.
Second, Ellen nor Ellen's partner owed no duty to the JOSB corporation. The fact pattern states that JOSB used an Ellen look alike. There is no information that Ellen was associated with the corporation in any way. So Ellen owed no duty and, therefore, was not an insider. Since Ellen was not an insider, Ellen's partner could not be found to owe a duty through the mis -representation theory.
Third, Ellen's partner regularly and vigorously traded the JOSB stock over the past year, both call and put orders. So the activity by Ellen's partner was not out of the ordinary. This would be a defense to insider trading even if the trade occurred before the issuance of non-public information and Ellen and/or Ellen' partner were an