PLEG235 FINAL SUBMISSION

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Bryant and Stratton College, Buffalo *

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235

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Business

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Feb 20, 2024

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docx

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36

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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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