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The case briefs should be written in the following format, and see sample case brief following: What are the Facts? : The facts briefly indicate

The case briefs should be written in the following format, and see sample case brief following:

  1. What are the 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).This should be a summary that demonstrates your written communication and explanation skills. (15 points)
  2. What is the 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.This section is meant to demonstrate your critical thinking skills as it requires identification of the central issue(s) between the parties and a clear statement of what the issue is. (15 points)
  3. What is the Law/Rule?:The rule is simply the law the court uses to answer the question presented in the issue. This section requires the student to use critical thinking skills to identify the law that the court should consider in this case and clearly state it.Word for word re-statement is fine here. (15 points)
  4. What would your Application of the law/rule be?: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, as it is worth the most.Critical thinking skills are again required here as the students must take the facts as given and apply the law that is given to them.You will be graded by your ability to demonstrate the application of given facts to the laws that govern the issue, and your writing skills in conveying this application or analysis of the facts with the law.(30 points)
  5. As a judge, what is your Conclusion?:Your decision on how to the resolve the Issue identified, after your application of the law to the facts. You must answer the issue presented based on your application of the law to the facts.You will be graded on how clear your response is based on the applicable law and facts.(15 points)

Lizzy Lips is a Florida corporation with headquarters in Florida. Lizzy Lips is a very well known popular trademarked brand that specializes in selling neon lipstick in brick and mortar stores in Florida, as well as around the United States Baby Bites is a resident in the state of Alaska. Baby owns a shopping center as well as a boutique store in that shopping center in Alaska that sells cosmetics. In this boutique store, Baby sells both authentic and non-authentic products. Included in Baby's products for sale in her boutique and online are counterfeit Neon lipsticks that bear the Lizzy Lips trademark, but which are not authentic Lizzy Lips product. Lizzy Lips was on Instagram one day in 2019 and noticed under the hashtag #neonlips that Baby Bites was selling counterfeit lipstick bearing the Lizzy Lips trademark, including to Alaska and Texas. Lizzy Lips decided to see for herself if Baby Bites was selling counterfeit products, and called up Baby's store in Alaska and purchased both the neon orange and neon green "Lizzy Lips" lipstick from Baby Bites, to be delivered in to her in Florida Fake Lizzy Lips neon orange, but authentic neon green lipstick was delivered to her in Florida. Lizzy Lips filed a lawsuit against Baby Bites in federal court in Florida, in the US District Court for the Northern District of Florida, alleging Baby Bites committed trademark infringement. Baby Bites moved to dismiss the lawsuit, saying that the Court did not have federal court jurisdiction over Baby Bites. The Due Process Clause of the Constitution allows 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 Bites sold both genuine and counterfeit Lizzy Lips lipstick in 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 the counterfeit lipstick netted her less than $200 a year on average. Lizzy Lips countered that all over Instagram she could see "thousands" of people using counterfeit Lizzy Lips neon lipstick, and she blamed Baby Bites for this. Baby Bites moves to try to dismiss Lizzy Lips' lawsuit saying 2 that 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 Florida takes 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.

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