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Property Law Keyed to Cribbet
Kremen v. Cohen Network Solution, 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:
In 1994, Plaintiff Kremen (“Kremen”) obtained the domain name “sex.com” from the Defendant, domain name registrar Network Solution, Inc. (“NSI”). Because the internet had not yet gained mass popularity as a vehicle for commercial profit, obtaining domain names at that time was free. At the time, NSI had a government cooperative agreement with the National Science Foundation making NSI the .com registrar. Kremen registered the domain name to his business, Online Classifieds, and listed himself as the contact. Con man Stephen Cohen (“Cohen”) desired to obtain the name sex.com for himself, so he sent a forged letter to NSI claiming that Online Classifieds had been forced to dismiss Kremen and that the company wished to abandon the domain name sex.com. NSI made no attempt to contact Kremen and instead transferred the domain name to Cohen, who went on to turn sex.com into a lucrative online porn empire. Kremen sued Cohen seeking return of the domain name and disgorgement of profits. The district court ruled in Kremen’s favor, but due to Cohen’s cunning, leaving the country, and other judgments on his property, Kremen was unable to located Cohen or collect on his judgment. Accordingly, he sued NSI instead.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
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- 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.