Project IV: cease-and-desist scoring criteria

This page is a work-in-progress. Information below does not reflect the actual assignment, but instead reflects imported materials that is in the process of being adapted.

Scoring for each component will be done on a 4.0 scale. Below is a brief explanation of what I look for in each category.

Documentation 40%
C&D letter 50%
Case file organization 10%
Total 100%

Documentation (40%). This looks to the documentation of your investigation. Is sufficient documentation provided to reflect a meaningful investigation into potential claims our client may have against the assigned opponent? Does the documentation support your cease-and-desist? Does it support your client memo? Does the documentation include other potential opponents as well? Does it support both copyright and trademark claims?

C&D letter (50%). Probably no more than two pages single-spaced using 12 point Times New Roman and normal margins. Does the letter correctly identify the sender, client, recipient, and claims? Are the demands supported by the law and facts? Are representative documents included as exhibits? Is the tone professional or polemic? Does the letter assert both copyright and trademark claims? If the C&D is based on a template or form, has the student provided the template/form or a link to it elsewhere in the case file?

Organization (10%). This looks to the organization of your case file, investigation documentation, and your written work product (C&D letter and memo). Can the senior partner and client work through these in a meaningful and efficient way? Note that well-written work product is much more likely to be well-organized, and that well-organized work product is much more likely to be well-written. Considerations include:

Organization of case file & investigation:

  • Is the case file organized in a logical and easy-to-follow way? Can the partner and client work through it without wasting time or getting confused?
  • Organization of Investigation: Is the documentation well-organized? Are labels used? Are dates included on exhibits? Is the documentation in a form or forms that makes sense for the type of information documented, such as printouts, screen captures, or other means of documentation?

WIP draft beta (0.1) posted Feb. 26, 2016