Sign In
Not register? Register Now!
Essay Available:
Pages:
2 pages/β‰ˆ550 words
Sources:
No Sources
Style:
APA
Subject:
Law
Type:
Case Study
Language:
English (U.S.)
Document:
MS Word
Date:
Total cost:
$ 8.64
Topic:

Iancu v. Brunetti

Case Study Instructions:

read case brief Iancu v Brunetti


Case name (ex: Brandenburg v. Ohio)


Court that is hearing the case (ex: Supreme Court of the United States) 


Procedural history: (How did the case get in front of the current court?)


Example:



  • Trial: Brandenburg was convicted and sentenced $1000 and 1-10 years in prison

  • OH appeals court à affirmed

  • OH Supreme Court à dismissed appeal


Facts (What are the most important facts about this case? List them in paragraph or bullet form. 


The Issue (What is the issue/question the court is deciding?)


Example: Is the Ohio law that punishes people, such as plaintiff Brandenburg, for advocating violence as they appeal for political change constitutional under the First Amendment?


Rule (What rule/test does the court create or apply?)


Reasons (What reasons did the court give for coming to its conclusion?)


Judgment (Who won/lost, and why? Summarize in a sentence 


Note dissenting/concurring opinions (offer a few bullet points in summary)


Case Study Sample Content Preview:

Iancu v. Brunetti
Student’s Name
Affiliation
Course
Professor
Due Date
Iancu v. Brunetti
Supreme Court of the United States
Procedural History
* Trial: TTAB upheld the decision to deny trademark registration in line with Office Examiner
* United States Court of Appeal for the Federal Circuit à Reversed 
* OH Supreme Court à Affirmed the Federal Circuit decision
Facts 
* The case respondent, Erik Brunetti wanted to register the trademark FUCT as used in his clothing line. 
* Though Brunetti explained that the name should be pronounced in four-letter, the US Patent and Trademark Office (PTO) denied the application on the basis that the name was scandalous and immoral using the Lanham Act provision. 
* Consequently, Brunetti filed a lawsuit in the Federal Circuit against Andrei Iancu arguing that PTO violated his freedom of speech. 
* Federal Circuit Court ruled in favor of Brunetti and invalidated the PTO’s decision.
The Issue 
Did the “immoral or scandalous” prohibition on Lanham Act on trademark deny Brunetti his First Amendment rights?
Rule 
The 15 U.S.C.S. § 1052(a) dictates that trademarks should not be granted for names that are considered to be “immoral or scandalous.”
The First Amendment guarantees freedom of speech for every American. 
Reasons 
The Supreme Court affirmed the Federal Circuit ruling, holding that the Lanham Act prohibition of registration of “scandalous or immoral” trademarks is a violation of the First Amendment. To this end, the Supreme Court as expressed by Justice Kagan deemed the Lanham Act overbroad given that ...
Updated on
Get the Whole Paper!
Not exactly what you need?
Do you need a custom essay? Order right now:
Order

πŸ‘€ Other Visitors are Viewing These APA Case Study Samples: