784 8th Street Corp. dba ZAN'S v. Denise Ruggiero

9 Cited authorities

Celotex Corp. v. Catrett
477 U.S. 317 (1986) Cited 220,686 times 41 Legal Analyses
Holding that a movant's summary judgment motion should be granted "against a [nonmovant] who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial"
Montana v. United States
440 U.S. 147 (1979) Cited 3,637 times 3 Legal Analyses
Holding that "once an issue is actually and necessarily determined by a court of competent jurisdiction, that determination is conclusive in subsequent suits based on a different cause of action involving a party to the prior litigation"
B&B Hardware, Inc. v. Hargis Indus., Inc.
135 S. Ct. 1293 (2015) 1 Legal Analyses
No. 13–352. 03-24-2015 B & B HARDWARE, INC., Petitioner v. HARGIS INDUSTRIES, INC., dba Sealtite Building Fasteners, dba East Texas Fasteners et al. William M. Jay, Washington, DC, for Petitioner. Neal K. Katyal, Washington, DC, for Respondents. John F. Bash for the United States as amicus curiae, by special leave of the Court, supporting the Petitioner. Trey Yarbrough, Yarbrough Wilcox, PLLC, Tyler, TX, James C. Martin, Colin E. Wrabley, Reed Smith LLP, Pittsburgh, PA, Neal Kumar Katyal, Counsel
Lyons v. Am. Coll. of Veterinary Sports Med.
859 F.3d 1023 (Fed. Cir. 2017) Cited 7 times 1 Legal Analyses
Upholding decision of USPTO Trademark Trial and Appeal Board that defendant, rather than plaintiff, owned disputed trademark, even though plaintiff had registered the trademark and defendant had not, because defendant was first to use trademark in commerce
Opryland USA v. Great American Music Show
970 F.2d 847 (Fed. Cir. 1992) Cited 24 times
In Opryland, Opryland USA opposed the registration of "THE CAROLINA OPRY," arguing that the term was confusingly similar to Opryland's own marks.
Lloyd's Food Products, Inc. v. Eli's, Inc.
987 F.2d 766 (Fed. Cir. 1993) Cited 18 times
Holding that third-party evidence should not be disregarded in evaluating the strength of a mark for purposes of determining the likelihood of confusion
Olde Tyme Foods, Inc. v. Roundy's, Inc.
961 F.2d 200 (Fed. Cir. 1992) Cited 12 times
Stating that "[a]s to strength of a mark . . . [third-party] registration evidence may not be given any weight . . . [because they are] not evidence of what happens in the market place"
Rule 56 - Summary Judgment
Fed. R. Civ. P. 56 Cited 336,252 times 161 Legal Analyses
Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit
Section 1051 - Application for registration; verification
15 U.S.C. § 1051 Cited 3,886 times 126 Legal Analyses
Requiring a filing of a Statement of Use to register a mark

784 8th Street Corp. dba ZAN'S v. Denise Ruggiero

9 Cited authorities

Holding that a movant's summary judgment motion should be granted "against a [nonmovant] who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial"

Holding that "once an issue is actually and necessarily determined by a court of competent jurisdiction, that determination is conclusive in subsequent suits based on a different cause of action involving a party to the prior litigation"

Upholding decision of USPTO Trademark Trial and Appeal Board that defendant, rather than plaintiff, owned disputed trademark, even though plaintiff had registered the trademark and defendant had not, because defendant was first to use trademark in commerce

In Opryland, Opryland USA opposed the registration of "THE CAROLINA OPRY," arguing that the term was confusingly similar to Opryland's own marks.

Holding that third-party evidence should not be disregarded in evaluating the strength of a mark for purposes of determining the likelihood of confusion

Stating that "[a]s to strength of a mark . . . [third-party] registration evidence may not be given any weight . . . [because they are] not evidence of what happens in the market place"

Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

Requiring a filing of a Statement of Use to register a mark