Plaintiff drafts and files a complaint with the court. After being served, defendant realizes that plaintiff forgot to sign the complaint. Defendant moves for an immediate dismissal. True or False: The Court may dismiss the complaint. Penny has a “gut feeling” that Donald might have borrowed Penny’s Furrari automobile without authorization and crashed it. Based […]
What goes into an answer? Admissions Denials Allegations of lacking knowledge or information sufficient to form a belief (which is treated as a denial) Rule 8(c) affirmative defenses Rule 12(b) defenses (if still available) Counterclaims against claimants Crossclaims against co-parties Note that third-party claims (FRCP 14) are asserted in a separate pleading, the “third party […]
TYPED MARK COCA-COLA NIKE COMPARE TRADE NAME DESIGNS (logos) DESIGN WITHOUT WORDS (logo) SOUND Example here. More here. COLOR Qualitex file jacket Qualitex specimen Fiberglass file jacket Fiberglass specimen Owens Corning SMELL Reg. 3143735; Specimen here. LIGHT File jacket Specimen PRODUCT PACKAGING TRADE DRESS PRODUCT DESIGN TRADE DRESS Humvee v. Avanti TRADE […]
For each class, students should develop discussion questions. Below is a information form a handout given in the first week. EXAMPLES OF DISCUSSION QUESTIONS: Function. What function did today’s readings provide? Doctrine/Law. What legal issues did the readings cover? What is the law? Where law is unsettled, how is it unsettled? Theories justifying IP. What […]
