Question
2. Evaluate the legal issues in this case and determine the strengths and weaknesses of (a.) the suit by the Plaintiff against the defendant. List
2.Evaluatethe legal issues in this case and determine the strengths and weaknesses of (a.) the suit by the Plaintiff against the defendant. List the strengths and weaknesses you identify.
3.Deducelogical and specific arguments
4.Inferand state yourlogical legal conclusionsbased on your analysis, evaluations, and evidence you have previously stated. This legal conclusion should include (a.) who should win the law suit, andlegallywhy and (b.) who should win the law suit.
Case Study - In the late 1960s and early 1970s, AT&T Corporation developed and started using "YOU HAVE MAIL" in its e-mail notification service for its members. AT&T provides Internet access to subscribers through its WorldNet Service. Since 1998, when a member visits the WorldNet home page, a "You Have Mail!" notification window pops up. AOL filed a law suit in federal district court against AT&T, alleging in part trademark infringement of the phrase "YOU HAVE MAIL," which AOL claimed to won. AT&T filed a motion asking the court to rule that the term was "generic" and to through out the suit against them. Should AT&T be liable to AOL and if so, under what legal theory? What legal statute would this come under, if any? Explain the legal terms relied upon in this case. What is the legal basis for the Plaintiff's (AOL) case? Substantiate your answer by legal reasoning. What is the legal basis for the defendant (AT&T)? Explain this defense. Substantiate your answer by legal reasoning. Explain your answer fully.
Step by Step Solution
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Step: 1
2 Evaluating the Legal Issues and StrengthsWeaknesses of the Suit Strengths of the Plaintiffs AOL Case a Trademark Infringement AOL may have a strong case for trademark infringement if it can prove th...Get Instant Access to Expert-Tailored Solutions
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Step: 2
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