Litigation-Appeal Brief

Appeal from the United States District Court to the Court of Appeals

Parties Involved

Plaintiff/Appellant: "QRS" University Defendant/Appellee: X, Y, Z Collectively "XYZ"

Assignment is to prepare an Appellate brief on behalf of "QRS" University, who is the Plaintiff in the case. Defendants XYZ are the ex-students of Plaintiff University. The District Court's finding on the issue of likelihood of confusion is favorable to the Plaintiff and the issue of freedom of speech under First Amendment is decided in favor of the Defendants.

Issues

(1) Use of service mark, banner design and web domain as Parody. (2) Protection of free speech and First Amendment of US Constitution. (3) Likelihood of confusion and trademark infringement under Lanham Act. (4) Commercial and non-commercial speech. Claim of dilution by tarnishment. (5) Unfair competition.

Theoretical Approach

Detailed study and understanding of facts by B & L Litigation Support Team. Figure and analyze the issues under the complaint. Do detailed multilevel team discussions on the issues involved. Elaborate assessment of the district court judgment done to identify the findings warrant attack. Frame issues on the basis of discussion.

Operational Strategy

B & L litigation support team and IP team work together in this project. Conduct a detail study on the second issue of First Amendment and freedom of speech in relation to parody. Split issues among team members and do regular sessions of discussion on the progress of research and analysis. Frame final issues with specific importance to parody and its exemption to the extent that it is applicable in protecting University's interest. Prepare an initial draft. Discuss and review with project leader. Make necessary incorporations as directed. Proof read the brief. Deliver the Final Draft after "TOTAL QUALITY ANALYSIS". Do post delivery follow up.

Result

The brief reflected the amount of effort B & L had put for its preparation. The law firm that assigned the project did not go back to appreciate this.