Intellectual Property Keyed to Merges
Feist Publications, Inc. v. Rural Telephone Service Co.
CaseCast™ – "What you need to know"
Rural Telephone Service (Plaintiff) in northwest Kansas provided a certified telephone service and published a typical telephone directory as a condition of its monopoly franchise.The white pages listed alphabetically the names, towns, and telephone numbers of Plaintiff’s subscribers. Feist Publications (Defendant) was a publishing company specializing in area-wide telephone directories. The Defendant’s directory, the subject of this litigation, contained 46,878 white pages listings, compared to Plaintiff’s listings of approximately 7,700. Defendant approached the 11 northwest Kansas telephone companies and offered to pay for the right to use their respective white pages listings. When only Plaintiff refused to license its listings, Defendant used them without the consent of Plaintiff. A typical Feist (Defendant) listing included each person’s street address, while most of Rural’s (Plaintiff) did not. Defendant’s 1983 directory of 46,878 listings contained 1,309 listings that were identical to listings in Plaintiff’s white pages. Plaintiff sued for copyright infringement. The district court granted summary judgment to Plaintiff, and the court of appeals affirmed. Defendant appealed.
Only StudyBuddy Pro offers the complete Case Brief Anatomy*
Access the most important case brief elements for optimal case understanding.
*Case Brief Anatomy includes: Brief Prologue, Complete Case Brief, Brief Epilogue
- 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.
Case Doctrines, Acts, Statutes, Amendments and Treatises:Identifies and Defines Legal Authority used in this case.
- 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.
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.