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DMARCIAN, INC. v. DMARCIAN EUROPE BV

No. 21-1721, No. 21-2005, No. 22-1728.

60 F.4th 119 (2023)

DMARCIAN, INC., Plaintiff-Appellee, v. DMARCIAN EUROPE BV, Defendant-Appellant. dmarcian, Inc., Plaintiff-Appellee, v. dmarcian Europe BV, Defendant-Appellant. dmarcian, Inc., Plaintiff-Appellee, v. dmarcian Europe BV, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: February 14, 2023.

Attorney(s) appearing for the Case

ARGUED: Samuel B. Hartzell , WOMBLE BOND DICKINSON (US) LLP, Raleigh, North Carolina, for Appellant. Pamela Suzanne Duffy , ELLIS & WINTERS, LLP, Greensboro, North Carolina; David Anthony Dorey , BLANK ROME LLP, Wilmington, Delaware, for Appellee. ON BRIEF: Pressly M. Millen , WOMBLE BOND DICKINSON (US) LLP, Raleigh, North Carolina, for Appellant.

Affirmed in part and vacated and remanded in part by published opinion. Judge Wilkinson wrote the opinion, in which Judge Heytens and Senior District Judge Hudson joined.

This is a case of two software companies —dmarcian, Inc. (dInc) and dmarcian Europe BV (dBV)—and a broken business relationship. The original dmarcian, dInc, is a Delaware corporation with headquarters in North Carolina. Its corporate homonym, dBV, is a Dutch entity based in the Netherlands. In 2016, the two...

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