1. MEMORANDUM
TO: Junior Associates A-M
FROM: Senior Partner Goering and Senior Associate Glenn
RE: Representation of Jellyvision, Inc.
DATE: February 10, 2010
Yesterday I met with a new client, Ralph Brill, the Chief Executive Officer of
Jellyvision, Inc. Jellyvision has retained us to represent the corporation in pressing a
trademark infringement claim against Aflac, Inc. Please refer to the Complaint we
recently filed on our client’s behalf in federal court against Aflac. All of the relevant
factual allegations are in the complaint.
Please assess the likelihood that our client will prevail in federal district court on
Count II, which alleges a violation of the Lanham Act, 15 U.S.C. § 1125(a). At this point,
you may assume that the facts alleged in the complaint are not in dispute. You may also
assume that the federal district court has proper subject matter jurisdiction, as well as
personal jurisdiction over the defendant corporation.
We anticipate that the defendants will file an answer or a motion to dismiss
arguing that our client cannot prevail on Count II, but we need to know what viable
defenses or arguments Aflec might raise.
I have attached a list of citations to the relevant section of the Lanham Act and all
the other research materials you will need. Please limit your research to these materials.
Do not look up any other legal authority or background information. You may consult a
law dictionary to ensure you understand any unfamiliar terms. Also, you may consult the
websites identified in the complaint to learn more background information on the
defendant and the alleged infringing online game. You may not look up any other legal
authorities, whether in print or online, and you may not investigate any other facts
regarding either party or any other claims.
After carefully reviewing the attached legal authorities, please write a short office
memo addressing the issues. Your memo should follow the standard format for office
memoranda discussed in the Neumann text, including appropriate headings. Please
double-space your memo using 12-point Times New Roman font, and please use at least
one-inch margins on all four sides. Include page numbers at the bottom center of each
page (except the first), and be sure to include your name and your section in your
heading.
Your completed memo should not exceed 6 pages in length. I will not read past
the sixth page, so be sure you include all required memo components within that overall
page limit. Your final memo is due on or before Sunday, February 28, at 5:00 p.m.
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2. In preparing your office memo, please cite cases and statutes consistent with the
ALWD citation manual. While I expect you to make a reasonable effort to accurately
cite your authorities, the precise form of your citations will not affect your grade on this
assignment. You are expected to demonstrate that you understand when you should cite
legal authority to support a statement in your memo.
You may discuss the research materials and your analysis with other students in
Section J who are working on the same closed memo assignment. However, you may
not discuss the assignment or any of the materials with anyone else – including other
law students, your parents, your lawyer, your roommate, or your significant other.
Furthermore, you may not show your written work to anyone, including your
classmates. Writing, revising, editing, and proofreading of your memo must be done by
you alone. Any departure from these requirements, however minor in nature, will
be considered a violation of the Washburn School of Law Honor Code and will be
treated accordingly.
Before you begin your work on this assignment, I expect you to carefully review
the Washburn University School of Law Honor Code. If at any time you have any
questions about what is considered permissible conduct, please contact me
immediately by telephone, in person, or by email.
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