Contracts Keyed to Murphy
Parisi v. Netlearning, Inc
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- The Brief Prologue provides necessary case brief introductory information and includes:
- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
- Case Key Terms, Acts, Doctrines, etc.: A case specific Legal Term Dictionary.
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- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
- Brief Facts: A Synopsis of the Facts of the case.
- Rule of Law: Identifies the Legal Principle the Court used in deciding the case.
- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
Plaintiff runs a web site with the domain name, Netlearning.com. Plaintiff applied to Network Solutions Inc. to use the domain-name. The Patent and Trademark Office, denied his request to patent the name because it was too close to another trademark, “LEARN NET”. Plaintiff continued to use the domain-name, Netlearning.com. Defendant, started using the domain name, Net-learning.com. Plaintiff alleged that Defendant tried to buy the domain-name from him for as much as $22,500.00, but he refused. Defendant challenged Plaintiff’s right to use the domain-name, using the UDRP. The UDRP panel issued a split decision in favor of Defendant and ordered Plaintiff to transfer his domain-name to Defendant. Plaintiff sought a declaratory judgment to declare him the rightful user of the domain-name, Netlearning.com. Defendant move to dismiss on the ground that Plaintiff’s complaint constitutes an improper challenge to an arbitration under the Federal Arbitration Act.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
- Holding: Shares the Court's answer to the legal questions raised in the issue.
- Concurring / Dissenting Opinions: Includes valuable concurring or dissenting opinions and their key points.
- Reasoning and Analysis: Identifies the chain of argument(s) which led the judges to rule as they did.