Defendant, Curry, was a video disc jockey who worked for plaintiff MTV. He also engaged in activities

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Defendant, Curry, was a video disc jockey who worked for plaintiff MTV. He also engaged in activities not affiliated with MTV. While working for MTV he developed an Internet site, mtv.com. According to Curry, he discussed this with several officials of MTV and was told to go ahead with his development. Sometime later, MTV decided to set up an Internet site and brought this action against Curry on several grounds including trademark claims based on the use of registered MTV marks and breach of Curry's employment contract. Curry counterclaimed for breach of oral contact, fraud/negligent misrepresentation, and unfair competition. MTV made a motion to dismiss the counterclaims, claiming that any agreement violated the statute of frauds (it could not be performed within one year), that the allegations of fraud are not sufficiently pleaded in the complaint, and that the allegation of unfair competition was not clearly stated. The court denied plaintiff's motions as to the first two counterclaims, but granted a motion for a more definite statement as to the third counterclaim.
1. Describe the motions that were made at trial.
2. What is the legal issue in the MTV case?
3. List and describe the various pleadings discussed in this case.
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Introduction to Law

ISBN: 978-0135024348

4th edition

Authors: Joanne Hames, Yvonne Ekern

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