Spring 2010 closed memo assignment   jellyvision v. aflac lanham act trademark infringement (a-m)
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Spring 2010 closed memo assignment jellyvision v. aflac lanham act trademark infringement (a-m)

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Spring 2010 closed memo assignment   jellyvision v. aflac lanham act trademark infringement (a-m) Spring 2010 closed memo assignment jellyvision v. aflac lanham act trademark infringement (a-m) Document Transcript

  • MEMORANDUMTO: Junior Associates A-MFROM: Senior Partner Goering and Senior Associate GlennRE: Representation of Jellyvision, Inc.DATE: February 10, 2010 Yesterday I met with a new client, Ralph Brill, the Chief Executive Officer ofJellyvision, Inc. Jellyvision has retained us to represent the corporation in pressing atrademark infringement claim against Aflac, Inc. Please refer to the Complaint werecently filed on our client’s behalf in federal court against Aflac. All of the relevantfactual allegations are in the complaint. Please assess the likelihood that our client will prevail in federal district court onCount II, which alleges a violation of the Lanham Act, 15 U.S.C. § 1125(a). At this point,you may assume that the facts alleged in the complaint are not in dispute. You may alsoassume that the federal district court has proper subject matter jurisdiction, as well aspersonal jurisdiction over the defendant corporation. We anticipate that the defendants will file an answer or a motion to dismissarguing that our client cannot prevail on Count II, but we need to know what viabledefenses or arguments Aflec might raise. I have attached a list of citations to the relevant section of the Lanham Act and allthe other research materials you will need. Please limit your research to these materials.Do not look up any other legal authority or background information. You may consult alaw dictionary to ensure you understand any unfamiliar terms. Also, you may consult thewebsites identified in the complaint to learn more background information on thedefendant and the alleged infringing online game. You may not look up any other legalauthorities, whether in print or online, and you may not investigate any other factsregarding either party or any other claims. After carefully reviewing the attached legal authorities, please write a short officememo addressing the issues. Your memo should follow the standard format for officememoranda discussed in the Neumann text, including appropriate headings. Pleasedouble-space your memo using 12-point Times New Roman font, and please use at leastone-inch margins on all four sides. Include page numbers at the bottom center of eachpage (except the first), and be sure to include your name and your section in yourheading. Your completed memo should not exceed 6 pages in length. I will not read pastthe sixth page, so be sure you include all required memo components within that overallpage limit. Your final memo is due on or before Sunday, February 28, at 5:00 p.m. 1
  • In preparing your office memo, please cite cases and statutes consistent with theALWD citation manual. While I expect you to make a reasonable effort to accuratelycite your authorities, the precise form of your citations will not affect your grade on thisassignment. You are expected to demonstrate that you understand when you should citelegal authority to support a statement in your memo. You may discuss the research materials and your analysis with other students inSection J who are working on the same closed memo assignment. However, you maynot discuss the assignment or any of the materials with anyone else – including otherlaw students, your parents, your lawyer, your roommate, or your significant other.Furthermore, you may not show your written work to anyone, including yourclassmates. Writing, revising, editing, and proofreading of your memo must be done byyou alone. Any departure from these requirements, however minor in nature, willbe considered a violation of the Washburn School of Law Honor Code and will betreated accordingly. Before you begin your work on this assignment, I expect you to carefully reviewthe Washburn University School of Law Honor Code. If at any time you have anyquestions about what is considered permissible conduct, please contact meimmediately by telephone, in person, or by email. 2