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Using the following hypothetical fact scenario, prepare a case brief using the format provided in Tutorial's folder. Your brief should be no less than one full page and no more than 2 pages. Please be sure to prepare the brief as if you are sitting as the judge on the case keeping in mind a judge is an impartial person who has no interest in the outcome of the case in either direction, but, that the judge must be objective and apply the law based on the facts of the case.

This is not an actual case, however, you will need to use the Lexis database provided in the Online Library to conduct research. Using the information you have learned from class thus far, you will want to obtain federal acts and cases to obtain the appropriate law you must use to support your holding. There is more than one issue and you must identify the primary case issues. Remember, the rationale section is the longest part of the brief.

Hypothetical Case Scenario:

Websites R’Us, Inc. is in the business of creating and hosting websites for various personal and commercial purposes. They are incorporated in the state of Delaware however their principal office for conducting business is located in Denver, Colorado. The company also has an office in Miami, Florida, and, they often will fly multi-million dollar clients to their Miami office for meetings regarding the creation of the client’s website, although all work regarding the building of the site is done in Denver.

One of its biggest clients, is in the business of selling adult literature and movies online. The business name is Disny World Productions, Inc., out of Louisville, Kentucky, and they own the rights to the web name, DisnyWorld.com. Disny World uses as its logo, a blue background with a castle and a little fairy flying over it in the nude. Websites R’Us is aware of the similarity between the Walt Disney World name and it’s client’s name and in fact also has Walt Disney World as a client.

One day, little Johnny Walker, who is only 7, was surfing the net trying to get onto Disney World’s website and accidently came across the website for DisnyWorld.com. He is on the website for about 20 minutes when his mother notices that he’s being awfully quite and goes into the game room where the computer is located to see her son viewing inappropriate adult material. She is outraged and immediately emails Walt Disney World to advise them of her disappointment in their company and that she is going to look into a lawsuit with her attorney. By the way Ms. Walker resides in New Mexico. Walt Disney World sends cease and desist letters to Disny World Productions and to Websites R’Us . Both parties ignore the letters and the website continues to be available through Websites R’Us. Walt Disney World’s headquarters are in Orlando, Florida, where of course, Walt Disney would prefer to file suit.

Please remember, your project must be attached as a word document to be considered timely submitted and subject to grading. Also, you may only use legal sources for your research and such sources only include case law, statutes and regulations.

HW help/Old brief (Look at the comments)/WALT+DISNEY+WORLD+CORP+v.+WEBSITES+R'US+CORP.docx

WALT DISNEY WORLD CORP., (Plaintiff), v. WEBSITES R’US CORP.; AND DISNY WORLD PRODUCTIONS CORP., (Defendants) (2015)

FACT: Before the court is the plaintiff Walt Disney World Corporation who is suing both Websites R’Us Corporation and Disney World Productions Corporation the defendants for Website Domain Name Infringement and Dilution of the Walt Disney World Corporation trademark. Comment by Eldridge.Deborah: 0/20 You did not identify any relevant facts and therefore did not demonstrate an understanding of section.

ISSUE: In the case of Walt Disney World Corp., (Plaintiff), v. Websites R’Us Corp.; And Disney World Productions Corp., (Defendants), the issues that are raised in this matter are: Comment by Eldridge.Deborah: 6/15 pts. Fair, you demonstrated some understanding of this section’s purpose but did not properly identify the issue(s) thus showing developing problem solving skills.

· Likelihood of confusion by the clients when searching on any search engine.

· Cyber Bullying by Disney World Productions Corporation domain trying to get more web traffic and hence clients to their website by using and slightly changing the famous Walt Disney name to Disney. Comment by Eldridge.Deborah: This is not at all an issue.

· Using of the Walt Disney trademark in the Disney World Production website and altering it (displaying the Walt Disney “Fairy” naked).

· Websites R’Us Corporation allowing Disney World Productions Corporation to have a domain closely to the Walt Disney World Corporation in there servers and in mind they know they are also hosting Walt Disney World Corporation’s Website.

HOLDING AND LAW: Under Title 17, Chapter 5: Copyright Rights and Infringement, § 501; (a) Anyone who abuses any of the selective privileges of the copyright proprietor as provided by sections 106 to 122 or of the creator as gave in section 106A (a), or who imports duplicates or phone records into the United States disregarding section 602, is an infringer of the copyright or right of the creator, as the case may be. For purposes of this part (other than section 506), any reference to copyright might be esteemed to incorporate the rights presented by section 106A (a). As utilized as a part of this subsection, the expression "anybody" incorporates any State, any instrumentality of a State, and any officer or worker of a State or instrumentality of a State acting in his or her official limit. Any State, and any such instrumentality, officer, or worker, should be liable to the procurements of this title in the same way and to the same degree as any nongovernmental element. Comment by Eldridge.Deborah: 0/15 pts. Unfortunately, you did not demonstrate an understanding of this section nor identify directly or indirectly the holding thus showing a lack of problem solving skills. Comment by Eldridge.Deborah: This should be two separate sections. The holding is different from the law. Comment by Eldridge.Deborah: 5/10 pts. Fair, you demonstrated some understanding of this section and only indirectly identified the law showing developing analysis. Comment by Eldridge.Deborah: This wasn’t a copyright infringement case, rather it was a trademark infringement and cyber squatting case.

RATIONALE: Walt Disney World Corporation, a very well-known kid’s entertainment company worldwide saved the domain name disneyworld.disney.go.com years before the Disney World Production Corporation came into existence and endeavored to enlist the name. Walt Disney World Corporation sued and won on the grounds that the court found that Walt Disney World Corporation had a true blue purpose behind owning the domain name and had picked it earlier before - much sooner than domain names had the quality that they do today and before Disney World Production Corporation created for adults. Both the defendants are entitled to pay for damages they brought upon the plaintiff in order to settle the lawsuit Comment by Eldridge.Deborah: 5/30 pts. Unfortunately, you demonstrated a limited understanding of this section and were unable to properly relate the facts to the law thus showing a need to increase your problem solving and analysis.