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Intellectual Property Keyed to Merges
Lamparello v. Falwell
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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:
Reverend Jerry Falwell (Reverend Falwell) (Defendant) is a nationally known and outspoken minister who actively comments on politics and public affairs. He holds the common law trademarks “Jerry Falwell” and “Falwell,” and the registered trademark “Listen America with Jerry Falwell.” Jerry Falwell Ministries can be found online at www.falwell.com, a website that receives 9,000 hits a day. After hearing Reverend Falwell’s (Defendant) views on homosexuality, Lamparello (Plaintiff) registered the domain name to respond to what he believed where “untruths about gay people.” The homepage prominently indicated that the website was not affiliated with Defendant or his ministry and provided a link to Defendant’s site for those who wished to visit that site. Plaintiff’s site received about 200 hits per day, and no goods or services were sold on it. Defendant sent Plaintiff cease and desist letters to stop using www.fallwell.com or any variation of Defendant’s name as a domain name. Ultimately, Plaintiff filed an action against Defendant seeking a declaratory judgment of noninfringement. Defendant counter-claimed, alleging trademark infringement under 15 U.S.C. § 1114 (2000), false designation of origin under 15 U.S.C. § 1125(a), unfair competition under 15 U.S.C. § 1126 and state common law and cybersquatting under 15 U.S.C. § 1125(d). The district court granted summary judgment to Reverend Falwell (Defendant), enjoined Lamparello (Plaintiff) from using Defendant’s mark at www.fallwell.com, and required Plaintiff to transfer the domain name to Reverend Falwell. The court of appeals granted review.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
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- Reasoning and Analysis: Identifies the chain of argument(s) which led the judges to rule as they did.
- The Brief Prologue closes the case brief with important forward-looking discussion and includes:
- Policy: Identifies the Policy if any that has been established by the case.
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