Torts Keyed to Epstein
White v. Samsung Electronics America, Inc.
ProfessorMelissa A. Hale
CaseCast™ – "What you need to know"
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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:
Vanna White (Plaintiff) is the hostess of “Wheel of Fortune.” Plaintiff markets her identity to various advertisers. The dispute in this case arose out of a series of advertisements prepared for Samsung (Defendant). The advertisement, which prompted the dispute, was for Samsung videocassette recorders. The ad depicted a robot, which was consciously presented to resemble Plaintiff next to a game board that is instantly recognizable as The Wheel of Fortune. Defendant referred to the ad as the “Vanna White” ad. Plaintiff neither consented to the ads nor was paid. Plaintiff sued Defendant for: (1) California Civil Code section 3344, (2) the California common law right of publicity; and (3) the Lanham Act. The district court granted summary judgment against Plaintiff on each of her claims. Plaintiff appealed.
- 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.
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