SmartBrief
Confirm favorite deletion?
Civil Procedure Keyed to Babcock
Zippo Mfg. Co. v. Zippo Dot Com
Citation:
952 F. Supp. 1119 (W.D. Pa. 1997)Facts
Defendant Zippo.com, a California based company, offered paid subscriptions to its online news content. People would sign up on the site and then be given a password. Defendant Zippo.com had no physical locations or any other place of business in Pennsylvania. The only connection Defendant Zippo.com had to Pennsylvania was that its website was accessible to state residents. 3,000 of Defendant Zippo.com’s total 140,000 subscribers lived in Pennsylvania and it contracted with seven internet service providers to allow Pennsylvania users access to its online content. Plaintiff Zippo Mfg. Co., a Pennsylvania company that sold tobacco lighters, brought suit against Defendant Zippo.com for federal and state trademark law infringement based on Defendant’s use of the word “Zippo”.
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