SOCIETE DES HOTELS v. LASALLE HOTEL OPERATING

Docket No. 03-7346.

380 F.3d 126 (2004)

SOCIETE DES HOTELS MERIDIEN, Meridien, S.A., Meridien Hotels, Inc., MHI Leasco Dallas, Inc. and MHI Leasco New Orleans, Inc., Plaintiffs-Appellants, v. LASALLE HOTEL OPERATING PARTNERSHIP, L.P., LHO New Orleans LM, L.P., LHO New Orleans Financing, Inc., LHO Financing Partnership I, L.P., LHO Financing, Inc., LaSalle Partners Limited, LRP Dallas Hotel Limited Partnership, Michael D. Barnello, LaSalle Hotel Properties, Inc. and Starwood Hotels & Resorts Worldwide, Inc., Defendants-Appellees, Jon Bortz, Hans Weger, Jane Does, and/or and John Does, 1-10, Defendants.

United States Court of Appeals, Second Circuit.

Decided: August 17, 2004.


Attorney(s) appearing for the Case

Michael S. Elkin (Thomas P. Lane, Shari Markowitz Savitt, on the brief), Thelen Reid & Priest LLP, New York, NY, for Plaintiffs-Appellants.

William M. Bosch (Brian H. Corcoran, Julie Pechersky, on the brief), Katten Muchin Zavis Rosenman, Washington, DC, for Defendants-Appellees LaSalle Hotel Operating Partnership, L.P., LHO New Orleans LM, L.P., LHO New Orleans Financing, Inc., LHO Financing Partnership I, L.P., LHO Financing, Inc., LaSalle Partners Limited, LRP Dallas Hotel Limited Partnership, Michael D. Barnello, and LaSalle Hotel Properties, Inc.

George Brandon, Squire, Sanders & Dempsey, L.L.P., Phoenix, AZ, for Defendant-Appellee Starwood Hotels & Resorts Worldwide, Inc.

Before: STRAUB, POOLER, and B.D. PARKER, Circuit Judges.


B.D. PARKER, JR., Circuit Judge.

Societe des Hotels Meridien and several related parties ("Meridien") appeal the dismissal under Federal Rule of Civil Procedure 12(b)(6) of their Lanham Act claims alleging false advertising and unfair competition through reverse palming off, see 15 U.S.C. § 1125(a)(1)(A), (B), as well as their supplemental state law claims. The claims had been asserted against Starwood Hotels & Resorts Worldwide, Inc. ("Starwood")...

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