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Intellectual Property Keyed to Merges
Dawn Donut Company, Inc. v. Hart’s Food Stores, 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:
Dawn Donut Company, Inc. (Plaintiff) sold doughnut mix in several states at ate wholesale level, including areas of New York. The buyers of the mixes were allowed to call themselves “Dawn Donut Shops.” Dawn Donut Co. (Plaintiff) registered the name “Dawn” in connection with doughnuts. After this, Hart’s Food Stores, Inc. (Defendant) began selling “Dawn Donuts” in six New York counties next to Rochester. Plaintiff did not distribute mix in this area and brought an action seeking to enjoin Defendant’s use of the name. The district court dismissed the action and Plaintiff appealed.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
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- Policy: Identifies the Policy if any that has been established by the case.
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