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Intellectual Property Keyed to Merges
Zatarain’s, Inc. v. Oak Grove Smokehouse, Inc
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*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. Review the Facts of this case here:
Zatarain’s (Plaintiff) manufactured and distributed food products. It registered the terms “Fish-Fri” and “Chick-Fri” as trademarks for its batter mixes used to fry foods. Oak Grove Smokehouse, Inc. (Defendant) began marketing a “fish fry” and a “chicken fry” in packages similar to those used by Plaintiff. Plaintiff brought suit for trademark infringement and unfair competition under the Lanham Act. The district court held that Zatarain’s (Plaintiff) trademark “Fish-Fri” was a descriptive term with an established secondary meaning, but held that the alleged infringers had a fair use defense to any asserted infringement of the term and that the registration of the term “Chick-Fri” should be canceled because it was a descriptive term that lacked any secondary meaning. Plaintiff appealed, claiming that its trademark “Fish-Fri” was a suggestive term that was automatically protected upon registration and therefore not subject to the “fair use” defense.
- 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.
- 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.
- Court Direction: Shares where the Court went from here for this case.