BUS 347 Practice Legal Case Analysis

Marlow copyrighted a t-shirt withthe slogan "Someone went to Boston and got me this shirt because they love me very much", surrounded by small drawings of a fish, a sailboat, a lobster, Faneuil Hall, and scattered hearts.

Marlow and competitor Fredericks both attended the Boston (Massachusetts) Gift Show in 1988 where Fredericks saw Marlow's t-shirt. Fredericks produced a t-shirt with the slogan "Someone Who Loves Me Went to Boston and Got Me this Shirt", surrounded by small drawings of a fish, a sailboat, a lobster, a swan boat, ducklings, and a smiling sun.

Marlow brought action for copyright infringement against Fredericks who produced an allegedly similar shirt.

Make a case analysis that addresses the points below, using the format that follows (type in your response after each point):

• Identify the Case, the Plaintiff(s) and Defendant(s)- who is suing or charging who.
• Identify the Court/Jurisdiction, whether a state or federal court and why (explain why the court has personal and subject matter jurisdiction)
• Identify the relevant Facts of the case
• Identify the Legal Action involved- what is the Defendant being sued for or charged with (fraud, breach of contract, etc.); the nature of the action- civil or criminal, and identify the Legal Question/Issue the court needs to address.
• Given what the Plaintiff is suing or charging the Defendant with, what must the Plaintiff establish and prove? What will be Plaintiff's key arguments?
• What will be the Defendant's key arguments in defense?
• What will the legal ruling of the court (decision) be, and reasoning for it?