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EVEREST CAPITAL LTD. v. EVEREST FUNDS MANAGEMENT

No. 04-1282.

393 F.3d 755 (2005)

EVEREST CAPITAL LIMITED, Plaintiff — Appellant, v. EVEREST FUNDS MANAGEMENT, L.L.C.; Everest Funds; Vinod Gupta; Everest Investment Management, L.L.C., Defendants — Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: January 4, 2005.

Attorney(s) appearing for the Case

Mark J. Hyland, argued, New York, NY (Jeffrey M. Dine, New York, NY, and John Passarelli, Omaha, NE, on the brief), for appellant.

Mark C. Laughlin, argued, Omaha, NE (Russell A. Westerhold, Omaha, NE, on the brief), for appellee.

Before LOKEN, Chief Judge, WOLLMAN and BEAM, Circuit Judges.

LOKEN, Chief Judge.

Everest Capital Limited is a Bermuda-based investment advisor that began managing off-shore "hedge funds" in 1990, using the trademark "Everest Capital" in the names of its funds, in letters to investors, and in marketing materials. Some years later, entrepreneur Vinod Gupta formed Everest Investment Management to manage his personal wealth through a collection of limited partnerships in which his family, close friends, and senior employees of...

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