Case: Moon Microsystems, Inc. v. John Zucchini

Background

Moon Microsystems, Inc., is a developer of computer software and information technology services. Founded in 2002 by current chairman Scott MacNeedy, the company has been responsible for developing many innovative software solutions. Mocha, their most widely-known product, is a highly portable programming language that has become wildly popular with developers since its initial release in June 2011. Currently, it's used in virtually all types of multi-platform program development.

John Zucchini is the owner of a popular local coffee shop, Late Night Grinds. He built the cafe from the ground up in 2005 and, in 2009, began publishing his own blog. Thus far, his blog has been a showcase for his opinions, a source of entertainment for his audience, a way to highlight his expertise of all things coffee, and, of course, promote his coffee shop.

Scenario

John Zucchini not only owns Late Night Grinds, but is a self-styled coffee connoisseur who has enjoyed notable success with his online blog, "Mixing Moonlight & Mocha." This site is accessed through the following three URLs: www.moonmocha.com, www.moonmocha.org, and www.moonmocha.net. A search of the WHOIS database reveals that these three web domains were registered on September 2, 2013. Prior to that time, from 2009 to September 2, 2013, Zucchini's blog was hosted by a popular free blogging service, Blogstop. The blog name was the same, but used the URL latenightgrinds.blogstop.com. Blogstop announced its shutdown in late August, 2013, and at that time the blog moved to the current URLs. The homepage for Moon Microsystems' Mocha language is located at http://mocha.moon.com/. Prior to December 1, 2014, the page was located at http://www.moon.com/products/mocha/. Scott MacNeedy was recently informed by Wu Zheng-Shi, senior developer at Moon and primary creator of the Mocha language, of the existence of the moonmocha.com website. He was concerned that this site was an infringement on Moon's Mocha trademark. Moon Microsystems is now suing John Zucchini for cybersquatting, under the Anti-Cybersquatting Consumer Protection Act (ACPA). Specifically, Moon Microsystems alleges that Zucchini, with intent to confuse consumers and capitalize on the popularity and notoriety of the Mocha programming language, registered a domain name that is confusingly similar to their own Mocha-related trademarks.

Preparing your Closing Argument the closing statement cover the following components:

1. FACTS Explain what happened that caused this case to end up in court. 2. LAW Explain the legal elements for each cause of action at issue (while avoiding legalese as much as possible). 3. ETHICAL THEORY Explain why your side should win from an ethical viewpoint, based on how the facts connect with relevant ethical theories studied in this class. 4. LEGAL THEORY Explain why your side should win from a legal viewpoint, based on how the facts CONNECT to the law of your case, as indicated by the legal elements previously discussed. To do this, you will clarify how your side will prove or has proven EACH REQUIRED legal element (if you represent the plaintiff), or how your side will defeat or has DEFEATED one or more of the required legal elements (if you represent the defense). Again, avoid legalese as much as possible.

Keep in mind that it is difficult to discuss either (3) or (4) without first knowing what happened, and it's impossible to discuss the legal theory without first knowing the law. Therefore, the following are generally the two most appropriate ways to divide these requirements: chose one of options below Lawyer 1: Facts and Law / Lawyer 2: Ethical Theory and Legal Theory or Lawyer 1: Facts and Ethical Theory / Lawyer 2: Law and Legal Theory