Question
A drummer that goes by the name Chris St. Christopher, co-founded a hip-hop group called the BIG BAD WOLVES (BBW). BBW has several hit songs,
- A drummer that goes by the name Chris St. Christopher, co-founded a hip-hop group called the BIG BAD WOLVES (BBW). BBW has several hit songs, tours the world, and makes millions of dollars. However, Chris has frequent disagreements with the group's singer, who accuses Chris of being unable to keep a steady beat. Chris, believing that his drumming is the main reason for BBW's success, quits the BBW, thinking that he'll start a new group that'll be even more popular. Chris starts a new band called St. Chris, but it doesn't develop much of a fan base or make much money. Since he is having trouble making his mortgage payments on the mansion he bought before leaving BBW, Chris decides to join a group called "THE WORLD'S BADDE$$T BANGERS" (WBB) up of former members of several previously popular rap groups.
- According to trademark law and the holding of Kassbaum v. Steppenwolf Productions, advise Chris as to whether or not his current group's name ("THE WORLD'S BADDE$$T BANGERS") constitutes a trademark infringement of his former group's name (the BIG BAD WOLVES). Also, what could Chris do to limit any potential trademark infringement?
Grading:
Issue - 10 points
Identifies the legal issue presented by the problem
Discussion - 30 points
-- discusses the rule of law and the case in adequate depth
-- uses facts and reasoning from the problem appropriately to support analysis
-- adequately proves the legal rule(s) through discussion of the facts and rationale of the case
-- employs effective counter-analysis
-- uses effective fact-to-fact comparisons to apply the legal rule to the facts
-- includes sound reasoning and analysis
Conclusion - 10 points
Predicts how a court will rule on the issue and summarizes the key reasons for that conclusion
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