Case Briefs Assignment Example | Topics and Well Written Essays - 750 words

Case Briefs - Assignment ExampleIn 1976, the complainant took the case to a district court in land mile State. In 1979, the Michigans district court reject the case in favor of the defendant here(predicate)s Johnny Portable Toilets Inc. As an appellant, Carson appealed at the US Court of Appeals in Michigan State. The case was finally decided under the Michigan Court of Appeals 6th Circuit in 1983 (Smith, 21).In the district court, the plaintiff claimed that use of the phrase Heres Johnny by the defendant amounted to violation of fair competition laws and invasion of privacy rights by the defendant. At the Courts of Appeals, the appellant maintained that use of the phrase in the defendants business amounted to unfair competition, invasion of privacy rights and invasion of right of publicity.The district court dismissed the case because the plaintiff failed to prove that use of the phrase by the defendant meets likelihood of confusion standards. The Courts of Appeals restrained th e defendant, Heres Johnny Portable Toilets Inc., from merely use of the phrase Heres Johnny.The district court reasoned that under Michigan common law, there was no likelihood of confusion among consumers of Heres Johnny Portable Toilets Inc. and those of Carsons apparel businesses. However, the Courts of Appeals reasoned that publicity rights belongs entirely to John Carson, and cannot be duplicated by third parties (Smith, 23).The Defendant, Time Warner, Inc. released digital formats of artists depart preserves through the internet. The online digital content generated substantial revenues, which were allegedly distributed to artists and assignees in a subjective manner. The Plaintiff, Tony Silvester et al, sued to recover compensation and damages resulting from breach of contract between the artists and the recording companies.The case was first brought to the US District Court of Southern New York in June 2000. After dismissal by the court in June 2002,