Intellectual Property Keyed to Merges
Qualitex Co. v. Jacobson Products Co., 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:
Qualitex Co. (Plaintiff) manufactured and sold pads used by dry cleaners on their presses. The pads made by Plaintiff were of a distinctive green-gold color. When Plaintiff discovered that Jacobson Products Co. (Defendant) was also selling pads of the same color, it brought an unfair competition action and also sought to register the color as a trademark. The district court held Defendant to be in violation of Plaintiff’s trademark. The Ninth Circuit Court of Appeals reversed, holding that color alone could not be registered as a trademark. The United States Supreme Court accepted 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.