Question
Your client is Sigourney Latifsky. She is furious at one of her competitors Anju Atori. Sigourney is in the dry cleaning business, and she discovered
Your client is Sigourney Latifsky. She is furious at one of her competitors Anju Atori. Sigourney is in the dry cleaning business, and she discovered a new method for cleaning clothes with a chemical which is environmentally friendly. She patented the process and registered a trademark "The Green Way to Dry Clean". She suspects that one of her employees Sandeep Kimhas leaked the process to her competitor, but she can't prove that at this point.
Yesterday, she walked past her competitor's store and saw her trademark (or something very similar) in her competitor's window. She called for an appointment with the "Perfect Paralegal Services" firm to check out what her options are.
- You should take immediate action to:
- Refer your client to a lawyer specializing in patent and trademark law;
- Investigate whether Sandeep Kim leaked the information to Sigourney's competitor;
- Determine if Anju Atori is conducting her business as a sole proprietor, partnership or corporation;
- Research the limitation periods applicable to patents and trademarks.
- This lawsuit is best described:
- As falling within the jurisdiction of the Small Claims Court if the plaintiff estimates damages to be a maximum of $35,000.00;
- As falling within the jurisdiction of the Small Claims Court if the plaintiff estimates damages to be over $35,000.00 and the client agrees to abandon the excess;
- As falling within the exclusive jurisdiction of the Federal Court, which permits paralegals to represent clients;
- As falling within the exclusive jurisdiction of the Federal Court, which only permits lawyers to represent clients.
- Assume for this question only that this dispute falls within the jurisdiction of the Small Claims Court. If so, then the parties to the lawsuit would be:
- Sigourney Latifsky as the Plaintiff;
- Anju Atori as the Defendant;
- Sandeep Kim as the Litigation Guardian;
- Both (a) and (b) are correct, if and only if this dispute falls within the jurisdiction of the Small Claims Court.
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