Posted: February 26th, 2023
Due by 02/27/2023 Monday
Signature Assignment: Case Brief/5 Essays on
Louboutin v. Yves Saint Laurent (2nd Cir. 2012) 696 F.3d 206 or 2012 U.S. App. LEXIS 18663.
1.
Purpose:
1. Students will be able to describe court procedures
(SLO 1);
2. Students will be able to understand and differentiate between the various types of business organizations, which will assist them in deciding what business form to take should they start their own business or work for a start-up company (
SLO 4);
3. Students will understand the pros and cons of certain business forms (
SLOs 3 and 4); and
4. Students will be able to identify the essential elements of a trademark (
SLO 2).
2.
Assignment:
Case brief:
Louboutin v. Yves Saint Laurent (2nd Cir. 2012) 696 F.3d 206
or 2012 U.S. App. LEXIS 18663. Brief the case using the I-R-A-C format discussed above and during class, and then write essay responses to the following questions:
1. Identify the court that decided the case and describe the basis of the court’s jurisdiction over the parties’ dispute;
2. Name the types of
business organizations under which Louboutin and Yves Saint Laurent have organized, and state the pros and cons of each of these business forms;
3. What other alternative
business forms could Louboutin or Yves Saint Laurent select, and explain the pros and cons of at least one of these alternative business forms;
4. Describe the type of relief Louboutin sought in the case and state whether this is a legal or equitable remedy; and
5. Based on class discussion concerning intellectual property rights, do you think the appellate court got its decision right in this case? Why or why not?
(SLOs 1, 2, 3, and 4).
Your responses to the above questions should be listed as (a) through (e) and written in paragraph format.
3.
Electronic Portfolio: A copy of the signature assignment should be inserted into your electronic portfolio.
I-R-A-C Format
Understanding case law is essential to success in any law related class. Consequently, students
will provide analyses of assigned cases to help their development and understanding of the legal
issues presented. These case analyses, better known as “case briefs,” will help students develop
legal issues spotting techniques and provide an overview of how law applies to specific fact
patterns. The case briefs should be written in the following I-R-A-C format:
1. Facts: The facts section should briefly indicate:
a. the reasons for the lawsuit;
b. the identity of the parties and their respective arguments;
c. the lower court’s decision, if applicable; and
d. the procedural posture of the case, including what court procedure was used that
led to the appeal. (Examples of court procedures are a motion for summary
judgment or a motion for judgment notwithstanding the verdict.)
2. Issue: The issue section should set forth the question(s) before the court. The issue must
be phrased as a question. Cases often have more than one issue, meaning that the court
will often answer more than one question. For purposes of this class; however, cases will
generally have only one key issue that you will need to address.
3. Rule: The rule section should set forth the law the court uses to answer the question
presented in the issue section.
4. Application/Analysis: This application/analysis section should briefly discuss how the
court applies the rule to the facts to answer the question presented in the issue section.
The application/analysis section provides the reason(s) for the court’s decision, usually in
the form of a syllogism (e.g., all dogs are animals. All animals have 4 legs; therefore, all
dogs have 4 legs).
5. Conclusion: The conclusion section should state the court’s decision, including how the
case is resolved and in whose favor the case is decided.
Case briefs must be original. Any identical or duplicate briefs will not receive credit.
Signature Assignment for BUMT 3820 Business Law: Brief the Louboutin v. Yves Saint
Laurent (2nd Cir. 2012) 696 F.3d 206 or 2012 U.S. App. LEXIS 18663 case (copy in Canvas)
using the I-R-A-C format, and then write essay answers to the following essay questions:
a. Identify the court that decided the case and describe the basis of the
court’s jurisdiction over the parties’ dispute;
b. Name the types of business organizations under which Louboutin and
Yves Saint Laurent have organized, and state the pros and cons of each of
these business forms;
c. What other alternative business forms could Louboutin or Yves Saint
Laurent select, and explain the pros and cons of at least one of these
alternative business forms;
d. Describe the type of relief Louboutin sought in the case and state whether
this is a legal or equitable remedy; and
e. Based on class discussion concerning intellectual property rights, do you
think the appellate court got its decision right in this case? Why or why
not?
Your responses to the above essay questions should be listed as (a) through (e) and written in
paragraph format.
I-R-A-C format for case brief:
Understanding case law is essential to success in any law related class. Case analyses, better
known as case briefs, will help students develop techniques for spotting legal issues, and provide
an overview of how law applies to specific fact patterns. A case brief should be written in the
following I-R-A-C format:
1. Facts: The facts section should briefly indicate:
a. the reasons for the lawsuit;
b. the identity of the parties and their respective arguments;
c. the lower court’s decision, if applicable; and
d. the procedural posture of the case, including what court procedure was used that
led to the appeal. (Examples of court procedures are a motion for summary
judgment or a motion for judgment notwithstanding the verdict.)
2. Issue: The issue section should set forth the question(s) before the court. The issue must
be phrased as a question. Cases often have more than one issue, meaning that the court
will often answer more than one question. For purposes of this class; however, cases will
generally have only one key issue that you will need to address.
3. Rule: The rule section should set forth the law the court uses to answer the question
presented in the issue section.
4. Application/Analysis: This application/analysis section should briefly discuss how the
court applies the rule to the facts to answer the question presented in the issue section.
The application/analysis section provides the reason(s) for the court’s decision, usually in
the form of a syllogism (e.g., all dogs are animals. All animals have 4 legs; therefore, all
dogs have 4 legs).
5. Conclusion: The conclusion section should state the court’s decision, including how the
case is resolved and in whose favor the case is decided.
The case brief and essay questions must be original. Any identical or duplicate
briefs will not receive credit. This is not a group assignment. A copy of your
signature assignment should be placed into your electronic portfolio.
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