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Civil Procedure Keyed to Rowe
Patsy’s Brand, Inc. v. I.O.B. Realty, Inc.
Citation:2002 WL 59434 (S.D.N.Y. Jan. 16, 2002)
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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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- 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:
Patsy’s (Plaintiff) sued I.O.B. Realty (Defendant), the owner of Patsy’s Pizzeria, for trademark infringement for selling jars of pizza sauce under the name Patsy’s. The court granted a preliminary injunction prohibiting I.O.B. from using its labels with the name Patsy’s. Then, Patsy’s moved for summary judgment. In the defendants’ summary judgment opposition materials, they included an affidavit that contained false information.
- 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.
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- Policy: Identifies the Policy if any that has been established by the case.
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