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Introduction: In this Legal File, you will analyze the Stipulated Facts and Long
Introduction: In this Legal File, you will analyze the Stipulated Facts and Longville case law and spot as many legal issues as possible. The analysis is articulated in a neutral (i.e., not advocating a particular side) IRAC memorandum.
Assignment:
Study the Stipulated Facts, statutory excerpt and the case law here: Legal File #6 Stipulated Facts, Statutory and Case Law.pdf Download Legal File #6 Stipulated Facts, Statutory and Case Law.pdf
Compose neutral IRAC memorandum that outlines each legal issue present with a short explanation of the applicable legal rules or doctrine. The sources of law for this memorandum are the textbook’s chapter 41 as well as the case law and statutory excerpts in the simulation exercise.
Note that you should not write as an advocate on one side or the other. Rather, you should be as objective as possible in spotting any and all potential issues that could arise in the case and give the analysis as to the likelihood of success of all theories.
Legal File #6 Scorecard
PossibleScore
Facts
5Relevant summary of facts used throughout analysis
Analysis
5Demonstrated understanding of “use in commerce” issues
5Demonstrated understanding of likelihood of confusion standards
5Demonstrated understanding of comparative advertising defense
5Used case law to support points
5Offered a tenable non-judicial solution
Writing Style
5Sentences were direct, clear, and concise with appropriate syntax and legal expression
5Paper format and appearance
Comments:
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