Your SlideShare is downloading. ×
Spring 2010 closed memo assignment   jellyvision v. aflac lanham act trademark infringement (n-z)
Upcoming SlideShare
Loading in...5
×

Thanks for flagging this SlideShare!

Oops! An error has occurred.

×

Introducing the official SlideShare app

Stunning, full-screen experience for iPhone and Android

Text the download link to your phone

Standard text messaging rates apply

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

163
views

Published on


0 Comments
0 Likes
Statistics
Notes
  • Be the first to comment

  • Be the first to like this

No Downloads
Views
Total Views
163
On Slideshare
0
From Embeds
0
Number of Embeds
0
Actions
Shares
0
Downloads
1
Comments
0
Likes
0
Embeds 0
No embeds

Report content
Flagged as inappropriate Flag as inappropriate
Flag as inappropriate

Select your reason for flagging this presentation as inappropriate.

Cancel
No notes for slide

Transcript

  • 1. MEMORANDUMTO: Junior Associates N-ZFROM: Senior Partner Goering and Senior Associate GlennRE: Representation of Aflec, Inc.DATE: February 10, 2010 Yesterday I met with a new client, Karin Mika, the Chief Executive Officer ofAflec, Inc. Aflec has retained us to represent the corporation in defending a trademarkinfringement claim filed by Jellyvision, Inc. Please refer to the Complaint recently filedin federal court and served on our client. All of the relevant factual allegations are in thecomplaint. Please assess the likelihood that Jellyvision 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 plan to file an answer or a motion to dismiss arguing that Jellyvision cannotprevail on Count II. In order to do so, we need to know what viable defenses orarguments our client might be able to 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 our clientand its alleged infringing online game. You may not look up any other legal authorities,whether in print or online, and you may not investigate any other facts regarding eitherparty 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
  • 2. 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