United States v. Mezzanatto

Holding that a defendant can waive Rule 410 protections, which the criminal defendant did when he agreed, as a condition to engaging in plea negotiations with the Government, that the latter could impeach him with such statements to the extent that they were inconsistent with any later trial testimony

A.C. Aukerman Co. v. R.L. Chaides Const. Co.

Holding that equitable estoppel is a cognizable defense against patent infringement

Lyons Partnership, L.P. v. Morris Costumes

Holding that "the similarity of child-oriented works must be viewed from the perspective of the child audience for which the products were intended"

Sara Lee Corporation v. Kayser-Roth Corp.

Holding that the trademark owner need not sue "until the likelihood of confusion looms large"

Murray v. Scott

Holding that judge should have recused himself based on fact that, while serving as government attorney, he had appeared as counsel of record in action in which corporation was party, possibly giving him knowledge of facts disputed in instant action

Martha Graham School v. Martha Graham Center

Holding that hired choreographer's use of dance center's resources, including rehearsal space and student dancers, “significantly aided [her] in her choreography, thereby arguably satisfying the ‘expense’ component of the ‘instance and expense’ test”

U.S. v. Bonnett

Holding that defendants violated § 1344 where they embellished the deposit of worthless checks by acting "as if the checks were good and treating [them] in all respects as if they were drawn on collectable funds"

Resorts of Pinehurst v. Pinehurst National

Holding that likelihood of confusion is the basic test for both common law and federal trademark infringement

Piper Aircraft Corp. v. Wag-Aero, Inc.

Finding that because acquiescence imports a fact-based analysis, its determination rests in the "sound discretion" of the trial court and only will be disturbed on review for "clear abuse" of that discretion

Harjo v. Pro-Football, Inc.

Rule 201 - Judicial Notice of Adjudicative Facts

Holding "[n]ormally, in deciding a motion to dismiss for failure to state a claim, courts must limit their inquiry to the facts stated in the complaint and the documents either attached to or incorporated in the complaint. However, courts may also consider matters of which they may take judicial notice."

Rule 803 - Exceptions to the Rule Against Hearsay-Regardless of Whether the Declarant Is Available as a Witness

Recognizing exception to rule against hearsay for records of regularly conducted activities

Rule 901 - Authenticating or Identifying Evidence

Holding that "[t]estimony that a matter is what it is claimed to be" is sufficient authentication

Rule 902 - Evidence That Is Self-Authenticating

Allowing authentication of domestic records of regularly conducted activity "by a certification of the custodian or another qualified person"

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 1064 - Cancellation of registration

Allowing a petition to cancel a certification mark if the registered owner "discriminately refuses to certify" qualifying goods or services

Section 1071 - Appeal to courts

Granting a right of appeal only to parties "dissatisfied with the decision" of the Board

Section 1059 - Renewal of registration

Requiring payment of fee to renew trade-mark

Section 2.122 - Matters in evidence

Providing that in inter partes proceeding, "[t]he allegation in an application for registration, or in a registration, of a date of use is not evidence on behalf of the applicant or registrant" but, rather, "a date of use of a mark must be established by competent evidence"

Section 2.134 - Surrender or voluntary cancellation of registration