Celotex Corp. v. Catrett

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

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"

Brown v. Felsen

Holding that "[r]es judicata prevents litigation of all grounds for, or defenses to, recovery that were previously available to the parties, regardless of whether they were asserted or determined in the prior proceeding."

In re Bose Corp.

Holding that an applicant commits fraud when it knowingly makes false, material representations of fact with an intent to deceive the PTO

Interoceanica Corporation v. Sound Pilots

Holding that ocean voyages occurring after an initial suit based on previous voyages were distinct transactions giving rise to a separate cause of action for breach of contract

Jet, Inc. v. Sewage Aeration Systems

Concluding that the same cause of action can exist in two cases only where the same set of transactional facts are involved in those cases and that, where the transactional facts differ, the doctrine of claim preclusion does not apply

Cunningham v. Laser Golf Corp.

Finding similarity between LASER for golf clubs and golf balls and LASERSWING for golf practice devices, and noting that "the term ‘swing’ is both common and descriptive" and therefore "may be given little weight in reaching a conclusion on likelihood of confusion"

Imperial Tobacco v. Philip Morris, Inc.

Finding that promotional use of a mark on “incidental products” like whiskey, pens, watches, sunglasses, and food did not constitute use of mark for cigarettes

Nasalok Coat v. Nylok

Holding that petition for cancelation of trademark that had been awarded through default judgment was precluded because the petition's effect was to collaterally attack a judgment in an infringement action

Del Tabaco v. Gen. Cigar Co.

Holding that appellant demonstrated entitlement to a "statutory cause of action" under the Lanham Act

Rule 56 - Summary Judgment

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

Rule 9 - Pleading Special Matters

Requiring that fraud be pleaded with particularity

Section 1051 - Application for registration; verification

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

Section 1127 - Construction and definitions; intent of chapter

Granting standing under § 1114 to the legal representative of the registrant of a trademark

Section 1052 - Trademarks registrable on principal register; concurrent registration

Granting authority to refuse registration to a trademark that so resembles a registered mark "as to be likely, when used on or in connection with the goods of the applicant, to cause confusion, or to cause mistake, or to deceive"

Section 2.114 - Answer

Identifying " defense attacking the validity of any one or more of the registrations pleaded in the petition," as the sole compulsory counterclaim to a cancellation petition

Section 2.104 - Contents of opposition