Reference no: EM13995426

1. What are the facts that led to this lawsuit? In other words, tell the story of the case without arguments, contentions, beliefs, etc. -- only those facts that all parties can agree upon. Include all relevant facts to the case. Stop your story before the lawsuit begins. (Do not include all the lyrics to the song or the lengthy discussion of Parks's biography.)

2. Who is suing who for what causes of action? Use the legal terms. For example, Smith is suing Jones for copyright infringement (That's not the answer - just an example).

3. What action did the trial court take? Again, this is a procedural question, usually involving the granting or denial of a motion. Do not tell me why the court took the action - just what action it took. For example, the court granted summary judgment to Jones (Again, just an example). If it's a motion, be sure to say which side made it (Parks or LaFace Records).

4. Briefly describe the elements of a Lanham Act Section 43 (a) cause of action. Then describe the three different tests that courts have applied to a Lanham Act claim. Explain which two tests the court discarded, why the court discarded them, and which of the three tests it chose to apply and why.

5. Assume the role of the LaFace Records attorney and make your best argument for why they should prevail on the issue of artistic relevance using the Rogers test.

6. Assume the role of the attorney for Rosa Parks and make your best argument for why she should prevail on the issue of artistic relevance using the Rogers test.

7. In addition to Rogers v. Grimaldi, the court also compares and contrasts two other cases -- Mattel and Seale. How does the court find each case either similar to or different than the present case? With Seale, be sure to discuss the film, book and CD and explain why each was treated differently by the court.

8. How does the court relate the "misleading" prong of the Rogers test to the standard of review for summary judgment?

9. What is the "holding" of the court? In other words, what is the action the court takes? Hint: it's found at the end of the court's opinion. An appellate court always takes an action regarding the lower court decision, usually agreeing with it or changing it in some way.
Answers can be found in the following page :

https://scholar.google.com/scholar_case?case=11600086449229682086&q=parks+v.+laface+records&hl=en&as_sdt=2006