Torts Keyed to Dobbs
Sears, Roebuck & Co. v. Stiffel Co
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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.
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- 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:
The Respondent secured design patents on a “pole lamp”, a vertical tube with light fixtures attached, that runs from floor to ceiling. The lamp enjoyed strong commercial success, and shortly after its manufacture the Petitioner retailer began marketing a lamp of almost identical design. Given its size and national retail operation, the Petitioner was able to sell the item at a significantly lower price than the Respondent. The latter brought an action against the Petitioner alleging patent infringement and confusion of trade. Although the lamps were not patented under federal law, the district court enjoined the Petitioner from selling the lamps and ordered it to pay damages to the Respondent.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
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