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Business Law 11th Edition by Kenneth Clarkson,Roger LeRoy Miller,Gaylord Jentz,Frank Cross
Edition 11ISBN: 978-0324655223Business Law 11th Edition by Kenneth Clarkson,Roger LeRoy Miller,Gaylord Jentz,Frank Cross
Edition 11ISBN: 978-0324655223 Exercise 1
Assume that you want to read the entire court opinion in the case of Menashe v.V Secret Catalogue, Inc., 409 F.Supp.2d 412 (S.D.N.Y. 2006). The case focuses on whether "SEXY LITTLE THINGS" is a suggestive or descriptive trademark and on which of the parties to the suit used the mark first in commerce. (Note that this case is presented in Chapter 8 of this text as Case 8.2.) Refer to the subsection entitled "Finding Case Law" in this chapter, and then explain specifically where you would find the court's opinion.
Explanation
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Finding case law
A trial court basically refers to the court where testimony and evidence are first considered, received and introduced. Thus trial court may hear criminal or civil case that does not exist within the jurisdiction of some other court. Therefore trail court only hears the specific cases based on amount in controversy, subject matter and administrative matters.
An appellate court basically refers to appeals court which is entitled to listen to the appeal of lower tribunal or trail court. Thus entities or person having unsuccessful outcome in lower court or trail court is entitle to file an appeal in order to review the decision with the appellate court.
In this case, plaintiff files suit against V secret pertaining to trademark infringement. However V counters the suit by stating that the trademark is suggestive as a result of which he filed trademark protection without having the proof of secondary meaning at his possession. Thus the distinction between the descriptive and suggestive mark is determined by identifying whether purchaser attached any imagination with mark or not.
Thus changes in the trade mark on the web site would not have altered the court's ruling. Since the conflict between V's secret and others is because of the alleged use of the phrase "Sexy little things". Therefore V's secret seemingly used the phrase before the application of the other part for licensing.
Hence it is ascertained that court ruling will not change if any alteration in the trade mark is done now.
A trial court basically refers to the court where testimony and evidence are first considered, received and introduced. Thus trial court may hear criminal or civil case that does not exist within the jurisdiction of some other court. Therefore trail court only hears the specific cases based on amount in controversy, subject matter and administrative matters.
An appellate court basically refers to appeals court which is entitled to listen to the appeal of lower tribunal or trail court. Thus entities or person having unsuccessful outcome in lower court or trail court is entitle to file an appeal in order to review the decision with the appellate court.
In this case, plaintiff files suit against V secret pertaining to trademark infringement. However V counters the suit by stating that the trademark is suggestive as a result of which he filed trademark protection without having the proof of secondary meaning at his possession. Thus the distinction between the descriptive and suggestive mark is determined by identifying whether purchaser attached any imagination with mark or not.
Thus changes in the trade mark on the web site would not have altered the court's ruling. Since the conflict between V's secret and others is because of the alleged use of the phrase "Sexy little things". Therefore V's secret seemingly used the phrase before the application of the other part for licensing.
Hence it is ascertained that court ruling will not change if any alteration in the trade mark is done now.
Business Law 11th Edition by Kenneth Clarkson,Roger LeRoy Miller,Gaylord Jentz,Frank Cross
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