Lizzy Lipsv. Baby Bites(2019)*Lizzy Lipsis a Floridacorporation with headquarters in Florida.Lizzy Lipsis a very well known populartrademarked brand that specializes in selling neon lipstickin brick and mortar stores in Florida, as well as around the United StatesBaby Bitesis a resident in the state ofAlaska.Babyownsa shopping center as well as a boutique store in that shopping center in Alaskathat sells cosmetics.In this boutique store, Baby sells both authenticand non-authentic products.Included in Baby's products for sale in her boutique and online are counterfeit Neon lipsticksthat bear the Lizzy Lipstrademark, but which are not authentic Lizzy Lipsproduct.Lizzy Lipswas on Instagram one dayin 2019 andnoticed under the hashtag #neonlips that Baby Biteswas selling counterfeit lipstickbearing the Lizzy Lipstrademark, including to Alaska and Texas.Lizzy Lipsdecided to see for herselfif Baby Biteswas selling counterfeit products, and called up Baby's store in Alaska and purchased both the neon orange and neon green"Lizzy Lips" lipstickfrom Baby Bites, to be delivered in to her in FloridaFakeLizzy Lipsneon orange, but authenticneon greenlipstickwas delivered to her in Florida.Lizzy Lipsfiled a lawsuit against Baby Bitesin federal courtin Florida, in the US District Court for the NorthernDistrict of Florida, alleging Baby Bitescommitted trademark infringement.Baby Bitesmoved to dismiss the lawsuit, saying that the Court did not have federal court jurisdiction over Baby Bites.The Due Process Clause of the Constitutionallows Florida courts to exercise jurisdiction on out of state defendants.Under the Due Process Clause, federal courts can exercise jurisdiction over a defendant where "minimum contacts" in the forum state occur.Such minimum contacts can be proven by applying the following 3-part test: (1) the non resident defendant must do some act or commit a transaction within the forum state, or perform an act by which they purposefully avail themselves to the privileges of the forum state;(2) the claim must arise out of or result from the defendant's forum-related activities;(3) exercising jurisdiction is reasonable.To commit purposeful availment, a plaintiff must demonstrate that the defendant engaged in conduct that either promoted or allowed the transaction of business within the forum state.Lizzy Lips has the following evidence that she provided to the court: Baby Bitessold both genuine and counterfeit Lizzy Lipslipstickin its boutique store in Alaska, but also shipped outside of Alaska.Baby Bites argued that the counterfeit product was not even her best seller, and that Lizzy Lips products did not do that well in general in her store.Baby said that thecounterfeitlipstick netted her less than $200 a yearon average.Lizzy Lipscountered that all over Instagram she could see "thousands" of people using counterfeit Lizzy Lipsneon lipstick, and she blamed Baby Bites for this.Baby Bites moves to try to dismiss Lizzy Lips' lawsuitsaying

2that she is a resident of Alaska who only sells goods out of a store in Alaska, so a Florida court has no jurisdiction.The US District Court for the Northern District of Floridatakes the above facts under submission to evaluate whether to grant Baby Bites'request to dismiss the lawsuit due to the court lacking jurisdiction over Baby Bites.The judges of the US District Court are you the students in the Business Law Class.

The case briefs should be written in the following format:

1.Facts: The facts briefly indicate (1) the reasons for the lawsuit, (2) the identity and arguments of the parties, and (3) the lower court's decision (if applicable).

2.Issue:The issue is the question before the court. The issue must be phrased as a question. Cases often have more the one issue (i.e., the court answers more than one question). If so, those questions should be listed here in chronological order.

3.Rule:The rule is simply the law the court uses to answer the question presented in the issue.

4.Application:This section requires you the student to apply the rule to the facts to answer the question presented in the issue. In brief, the application provides the reason(s) for your decision on the Issue identified.This part should be the longest as you are applying the facts to the law.

5.Conclusion:Your decision on how to the resolve the Issue identified, afteryour application of the law to the facts