SmartBrief
Confirm favorite deletion?
Contracts Keyed to Blum
Raymond Weil, S.A. v. Theron
Citation:
585 F. Supp. 2d 473 (2008)Facts
RW and Theron entered into an agreement in which RW paid $3 million to use Theron’s image in an advertising campaign for watches. The agreement included a provision which stated that Theron would not wear watches or jewelry by other brands publicly during the agreement. The agreement also stated that if a party breached the agreement that there was a period of 5 days in which the party could cure the breach. After the agreement term ended, plaintiff brought this case, claiming that Theron had breached the agreement several times. There are two main instances at issue in this case.
First, a different luxury goods brand, Montblanc, also sold watches. During the agreement, Theron agreed to be photographed wearing Montblanc jewelry. Montblanc made a large poster with a picture of Theron wearing their jewelry on it. Montblanc used the poster at a watch and jewelry trade show for 3 days. RW notified Theron that they breached the agreement. Theron immediately notified her lawyers, who got Montblanc to take the poster down. It was removed within the five day cure period.
Second, Theron wore a Dior watch to a press conference. Photos of Theron in the watch were taken at the event and then sold on a website. The owner of Dior watches downloaded the image and sent them to a retailer and manufacturer of luxury watches, who included the image in their magazine.
Only StudyBuddy Pro offers the complete Case Brief Anatomy*
Access the most important case brief elements for optimal case understanding.
*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.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.
Topic Resources
Topic Videos
Topic Outline
BreachTopic Refresher Course
Breach: Major and Minor