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Kristine Hubbert Portfolio Project
PLEG 235
KRISTINE HUBBERT PLEG 235
12/16/2023 Portfolio Project 1
Kristine Hubbert Portfolio Project
PLEG 235
Memo
To: Lisa Howard, Attorney From: Kristine Hubbert, Paralegal
Re: Reasearch plan Sweet Lorraine Trademark Infringement case
------------------------------------------------------------------------------------------------
Dear Mrs. Howard, I have received your email requesting my help about the trademark issue with our client Christine Donnelly, owner of Sweet Lorraine's Bakery, LLC. 8 months ago, our client received an email from Mr. Greg Sawyer, owner of Sweet Lorraine’s Café and Bar, in Detroit Michigan upset claiming a potential trademark infringement with the phrase “Sweet Lorraine's”. Mr. Sawyer has a trademark on the phrase "Sweet Lorraine's" for all restaurants, catering, and baking
services in the United States. The trademark has been confirmed with the United States Patent and Trademark Office (USPTO). He has threatened legal action against our client unless she changes the name of her business or ceases the use of the trademark phrase. Sweet Lorraine's Bakery, LLC ("SLB") is a family-owned business located in Charlotte, North Carolina. They specialize in French and Italian-inspired pastries, cakes, cookies, and artisan breads. SLB operates a store location and has a website, Facebook page, and Twitter account for advertising purposes. Mr. Sawyer and his wife are also venturing into franchising macaroni and cheese 2
Kristine Hubbert Portfolio Project
PLEG 235
establishments called "Sweet Lorraine's Mac n' Cheez Kitchen." They currently have two locations in Detroit suburbs and have received interest from an individual in North Carolina about extending their franchise into that state. The client reached out wanting advice on whether they should change the name of the business or stand firm, we recommended that she not change the name, and to stand firm. It has been 2 months since we advised her to not to change the name and now, she received an email this time from Marsha Jabber an attorney for the Sawyer’s with a Summons and Complaint against SLB that was filed in Wayne County Circuit Court in the state of Michigan. It appears that counsel for Mr. Sawyer has wrongly filed the lawsuit in Michigan State
Court, not in federal district court. Mrs. Donnelly nor any employees of the client was personally
served with the Summons and Complaint. Below is my research plan based on two separate arguments: 1.
The Federal district court has original jurisdiction over this case because the claims arise out of federal law. 2.
There is diversity of citizenship between the parties. My research is limited to the cases coming out of the Sixth Circuit Court of Appeals and the United States District Court for the Eastern District of Michigan.
Research Plan: Removal to Federal Court
Factual Vocabulary:
Sweet Lorraine’s Bakery, LLC
3
Kristine Hubbert Portfolio Project
PLEG 235
Sweet Lorraine’s Café and Bar
Sweet Lorraine’s Mac n’ Cheez Kitchen
Service of process
Wayne County Circuit Court
United States District Court for the Eastern District of Michigan
Legal Vocabulary
:
Sixth Circuit Court of Appeals
LANHAM ACT
Motion to remove case to Federal Court
Trademark infringement
Diversity of Citizenship
28 U.S.C.$1441.1446
Legal Issues:
Can the motion be removed to federal court because the federal district court has original jurisdiction over this case because the claims arise out of federal law?
Is there diversity of citizenship between the parties, and if so, can the motion be removed to federal court?
Primary Sources:
28 U.S.C. §1331
28 U.S.C §1332
28 U.S.C. §1441
28 U.S.C §1442
28 U.S.C. §1446
28 U.S.C §1453(b)
Secondary Sources:
William Blesch,
Handling Trademark Violations in the U.S.
, TermsFeed (Aug. 16, 2023), https://www.termsfeed.com/blog/faq-handling-trademark-violations-usa/
.
Jurisdiction of Federal Courts Based Upon Diversity of Citizenship Under 28 U.S.C.A. § 1332 -- United States Supreme Court Cases, 45 A.L.R. Fed. 2d 407
1 The Law of Advertising § 11.02 (2023)
4
Kristine Hubbert Portfolio Project
PLEG 235
3 Gilson on Trademarks § 11.03 (2023)
Estimated Research Time: Given the complexity of the issues, it's estimated that the research will take approximately 15-20 hours. This includes time for finding and reviewing relevant case law, statutes, and secondary sources, as well as time for analysis and synthesis of the information. Kristine Hubbert 5
Kristine Hubbert Portfolio Project
PLEG 235
6
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Related Questions
Give three circumstances where respondeat superior does not apply and an agent will be liable to a third party. (Do not give examples
Edit View Insert Format Tools Table
12pt v Paragraph v BIU Av2v T² v
p
Question 22
Name 5 events by law or by will that terminate an agency:
8:
با هم
ସା
៨
Da
Ev
D 0
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Question 9
Donald puts a lot of money into a bucket and gives Bernie a power of appointment over the money in the bucket. Bernie has the power to distribute that money only to himself, his creditors, his estate, or his estate's creditors. What is the correct name for his power of appointment? It is a/an:
General power of appointment
Limited power of appointment
Question 10
True or False. The spousal consent rules for the annual exclusion require the non-donor spouse to consent to all gifts made by the donor spouse in that year; he or she cannot select which gifts he or she will join and which he or she will not.
True
False
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Day 1/Chapter 1 Case Study: Guided Practice
WILLIAMS MACHINE TOOL COMPANY
For 85 years, the Williams Machine Tool Company had provided high-quality products to its
clients, becoming the third largest U.S.-based machine tool company by 1990. The company was
highly profitable and had an extremely low employee turnover rate. Pay and benefits were
excellent.
Between 1980 and 1990, the company's profits soared to record levels. The company's success
was due to one product line of standard manufacturing machine tools. Williams spent most of its
time and effort looking for ways to improve its bread-and-butter product line rather than to
develop new products. The product line was so successful that companies were willing to modify
their production lines around these machine tools rather than asking Williams for major
modifications to the machine tools.
By 1990, Williams Company was extremely complacent, expecting this phenomenal success
with one product line to continue for 20 to 25 more…
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The purpose of a(n)
is to prevent the leak of valuable information to
other competitors. *
Non-disclosureagreement
Employment agreement
Ownership agreement
Compete agreement.
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Assignment 2
Professional
Selling
Delete
Zoom In
New Comme
CASE 4-1
SKAGGS MANUFACTURING
John Alvez arrived promptly for his 10:00 AM. meeting with Martha Gillespie, the buyer for Skaggs Manufacturing. At
10:15, when she hadn't arrived, John asked her secretary if she was out of the office for the morning. The secretary smiled
and said, "She'll probably be a few minutes late." John resented this delay and was convinced that Martha had forgotten
the appointment.
Finally, at 10:20, Martha entered her office, walked over to John, said hello, and promptly excused herself to talk to the
secretary about a tennis game scheduled for that afternoon. Ten minutes later, Martha led John into her office. At the
same time, a competing salesperson entered the office for a 10:30 appointment. With the door open, Marthe asked John,
"What's new today?" As John began to talk, Martha began reading letters on her desk and signing them. Shortly after
that, the telephone began to ring, whereupon Martha talked…
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SCENARIO: PAYING STUDENT ATHLETES
ROLE- ADVOCATE OPPOSING COMPENSATING STUDENT ATHLETES BEYOND TUITION, ROOM AND BOARD.
REQUIREMENTS – REQUIRED TO RESEARCH (IN DEPTH) ARGUMENTS FOR THEIR POSITION. AND NEEDS TO RESEARCH THE OPPOSING POINT OF VIEW ARGUMENTS FOR PROPER REBUTTAL
- DETERMINE THE LEVERAGE, POWER, OPTIONS, RATIONALE
- DETERMINE THE LIKELIHOOD OF RESOLUTION
- DETERMINE THE TYPE OF POTENTIAL RESOLUTION
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7 Under SAFE Act regulations, which of the
following statements is true?
●
A Loan processors and originators have to be
licensed as mortgage loan originators (MLOS).
BO Loan processors and underwriters have to
be licensed as MLOS.
(C O Loan processors and underwriters who are
not employed by a bank (depository institution)
have to be licensed as MLOS.
A loan processor or underwriter who is an
employee of a licensed mortgage lender and
who operates under the supervision of a
licensed MLO is not required to be licensed as
an
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Briefly Explain. 2-3 sentences
Risk Associated with Manufacturing, Trading and Service Concerns
1. Market Risk
- Product Risk
Complexity
Obsolescence
Research and Development
Packaging
Delivery of Warranties
- Competitor Risk
Pricing Strategy
Market Share
Market Strategy
2. Operating Risk
Process Stoppage
Health and Safety
After Sales Service Failure
Environmental
Technological Obsolescence
Integrity:
Management Fraud
Employee Fraud
Illegal Acts
3. Financial Risk
Interest Rates Volatility
Foreign Currency
Liquidity
Derivative
Viability
4. Business Risk
Regulatory Change
Reputation
Political
Regulatory and Legal
Shareholder Relations
Credit Rating
Capital Availability
Business Interruptions
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Contract Management and Administration
Case Analysis: Auditing Agencies Unearth Procurement Scam
Two government auditing agencies have unearthed serious irregularities in the procurement of relief items worth Shs10b. Two forensic audits by the Office of the Auditor General (OAG) and the Public Procurement and Disposal of Assets (PPDA), dated September 7, 2021, and April 12, 2022, respectively, put senior officials on the spot for allegedly causing financial losses to the taxpayer.
Copies of the findings seen by this newspaper point to alleged forgeries, collusion between some officials and suppliers, and failure to adhere to key critical procurement regulations. Our analysis of a cache of official documents of the contentious procurements, which dovetails with findings by government auditors, shows that contracted companies supplied items without a contract specifying quality, leading to the delivery of substandard items. The auditors found some officials culpable of undertaking…
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QUESTION 27
Which of the following is an example of a contract that lacks legality?
O a. A contract to purchase a car from a licensed dealer
Ob. A contract to provide consulting services
OC. A contract to rent an apartment for a year
Od. A contract to purchase illegal drugs
QUESTION 28
What is a breach of contract?
Oa. A contract that is void and unenforceable
O b.A negotiation process to resolve contract disputes
OCA legal document that outlines the terms of an agreement
O d. A failure to perform a duty as specified in a contract
Show Transcribed Text
QUESTION 29
3
QUESTION 30
C
Which of the following is NOT a remedy for breach of contract?
O a. Specific performance
O b. Rescission
O c. Damages
O d. Arbitration
Which of the following is a factor that can render a contract voidable?
Oa. Undue influence
Ob. All of the answers are correct
OC. Mistake
O d. Duress
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QUESTION 1
You have been consulted by Marie who is an Australian resident adult individual taxpayer entity and a real estate agent employed by Adelaide property firm Supreme Properties. Her employment duties involve selling homes on behalf of clients, including conducting open inspections of those homes.
Marie moved to Adelaide from Sydney, New South Wales, at the beginning of July 2022 after the breakdown of her marriage. She has custody of their two children, Harry aged 4 years and Larry aged 2 years, who Marie places in child care during some week days and on weekends while she works.
During the income year ended 30 June 2023, Marie received and derived the following:
(1) Wages totalling $100,000 and commissions of $20,000 that Marie received from her employer Supreme Properties. The commissions were received by Marie on 15 June 2023 and were calculated as a percentage of the total value of properties sold by her during the year, and were paid as an incentive to employees of the…
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Question 2
Which of the following is a true
statement?
A. As a general rule, if the Statute of
Frauds requires a contract to be evidenced by a writing an oral contract will
be unenforceable.
B. The âpart performanceâ exception to
the Statute of Frauds may permit an oral contract for the sale of land to be
enforced merely if part of the purchase price is paid.
C. A mortgage represents an interest in
personal property and thus can be oral.
D. A contract for lifetime employment
must be in writing to be enforceable since usually if will be for a long time.
Question 4
Which of the following is true
regarding Title VII of the federal Civil Rights Act in the workplace?
a. The plaintiff employee must always
prove a malicious, wrongful intent to discriminate on the part of the defendant
employer against the employee to prevail in a Title VII civil rights lawsuit.
b. Only “big” employers with
2000 or more employees are covered by the federal Title…
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Which of the following remedies may be provided for in a contract?
Question 6Answer
a.
liquidated damages, deposits, down payments
b.
rescission, specific performance, injunction
c.
all of the above
d.
none of the above
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The duty of restoration is to protect adults that enter into contracts with children.
Question 21 options:
True
False
Minors are liable on certain contracts that are seen as necessaries of life...ie a contract for health insurance.
Question 22 options:
True
False
Consideration requires a bargained for exchange of value from both parties.
Question 23 options:
True
False
There does not need to be any exchange of words for there to be an implied contract.
Question 24 options:
True
False
When an illegal contract is executed upon, the court normally will leave the parties where it finds them even if partial performance has occurred.
Question 25 options:
True
False
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ROLE- ADVOCATE IN FAVOR OF COMPENSATING THE STUDENT ATHLETE IN ADDITION TO TUITION, ROOM AND BOARD
REQUIREMENTS – REQUIRED TO RESEARCH (IN DEPTH) ARGUMENTS FOR THEIR POSITION. AND NEEDS TO RESEARCH THE OPPOSING POINT OF VIEW ARGUMENTS FOR PROPER REBUTTAL
- DETERMINE THE LEVERAGE, POWER, OPTIONS, RATIONALE
- DETERMINE THE LIKELIHOOD OF RESOLUTION
- DETERMINE THE TYPE OF POTENTIAL RESOLUTION
arrow_forward
OE
B
A mortgage loan originator (MO)
accesses a loan applicant's credit report
and discovers that one of the debt
obligations that the applicant reported
on the application is not listed on the
report. The MLO must counsel th
applicant to:
A.) remove the obligation disclosure
from the application.
B) stop making payments on the
obligation.
C) provide evidence of the obligation.
D.)create a document discharging the
obligation.
目
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5. In which situation is hard insurance being committed? Oa. Because of her heavy workload, a claims handler settles some questionable claims without complete investigation. ob. When completing a health insurance application, an applicant asks his agent not to divulge to the insurer that he (the applicant) is a heavy smoker. OC. A claims department employee approves claims she knows to be fraudulent in exchange for payments from medical providers. Od. Medical and legal providers conspire to defraud an insurance company by exaggerating the injuries of legitimate claimants.
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Using the information in this chapter, discuss the
advantages and disadvantages of having your own sales
force versus hiring outside sales agents.
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Text
When is a mortgage clause used in connection with insurance
on a property?
The insured lends money to a third party to build a house and adds the value of that
property to their own policy.
Text
A mortgagee has a financial interest in the insured's property and wishes its interest
protected under an insurance policy.
The amount of insurance is insufficient to meet the amount owing under a
mortgage.
The mortgage holder wishes extra perils insured which are not included in the policy
wording.
arrow_forward
Item A. Fraud
Facts:
Susan Green has worked for ABC Company (“ABC”) as the executive secretary in the administrative department for over 10 years. Her apparent integrity and dedication to her work has earned her the reputation of being an outstanding employee and has resulted in increased responsibilities. Her present responsibilities include making arrangements for outside feasibility studies, maintaining client files, working with outside marketing consultants, initiating the payment process, and notifying the accounting department of all openings or closings of vendor accounts.
During Susan’s first five years of employment, ABC subcontracted all of its feasibility and marketing studies through Adams and Co. This relationship was subsequently terminated because Adams and Co. merged with a larger, more expensive consulting group. After termination of Adams and Co., Susan and her supervisor selected a new firm to conduct ABC’s market research. However, Susan never informed the…
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