Evidence keyed to Waltz
Fun-Damental Too v. Gemmy Indus. Corp
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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:
Fun-Damental’s toilet-shaped toy bank made a real flushing sound, and was sold in a number of large and small retail outlets across the country. After a large retailer expressed interest, but ultimately declined to purchase the item because of its relatively high wholesale price in the “impulse product” market, a sales agent for Fun-Damental happened to see a similar product on a visit to the store. Repeated requests to view the product were denied. A similar product had, in fact, been manufactured in order to compete with the toilet bank, and Fun-Damental filed suit for trade dress infringement. The trial judge granted an injunction forbidding continued marketing of the item. Gemmy appealed.
- 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.