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American Pie Pizza & Salads, Inc. v. Holtan Holdings, Inc.

No. 91199243 (T.T.A.B. Jun. 9, 2014)
American Pie Pizza & Salads, Inc. v. Holtan Holdings, Inc.

11 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 270,859 times   281 Legal Analyses
    Holding that courts are not required "to credit a complaint's conclusory statements without reference to its factual context"

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 283,705 times   369 Legal Analyses
    Holding that allegations of conduct that are merely consistent with wrongdoing do not state a claim unless "placed in a context that raises a suggestion of" such wrongdoing

  3. Coach Services, Inc. v. Triumph Learning LLC

    668 F.3d 1356 (Fed. Cir. 2012)   Cited 109 times   4 Legal Analyses
    Holding that it is the opposer's burden to prove fame of its mark

  4. Money Store v. Harriscorp Finance, Inc.

    689 F.2d 666 (7th Cir. 1982)   Cited 150 times   2 Legal Analyses
    Holding that applicant has no duty to investigate and disclose to the PTO all other possible users of the same or similar mark

  5. Lipton Industries, Inc. v. Ralston Purina

    670 F.2d 1024 (C.C.P.A. 1982)   Cited 58 times
    Holding that admission contained in an answer was binding, despite the fact that it was made "on information and belief"

  6. Custom Comp. Serv. v. Paychex Properties

    337 F.3d 1334 (Fed. Cir. 2003)   Cited 3 times
    Deferring to the Board's interpretation of "mistake" in the context of 37 C.F.R. § 2.102(b)

  7. Hiland Potato Chip Co. v. Culbro Snack Foods

    720 F.2d 981 (8th Cir. 1983)   Cited 13 times
    Finding intent to abandon—but not actual abandonment—of mark post-merger where internal memos instructed employees to not use mark and public memos suggested it was unrepresentative of company post-merger

  8. Hiland Potato Chip Co. v. Culbro Snack Foods, Inc.

    585 F. Supp. 17 (S.D. Iowa 1982)   Cited 4 times
    In Hiland, the Plaintiff issued a press release which stated its intention to discontinue the sale of its product due to faltering demand.

  9. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 166,129 times   197 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  10. Rule 15 - Amended and Supplemental Pleadings

    Fed. R. Civ. P. 15   Cited 96,035 times   94 Legal Analyses
    Finding that, per N.Y. C.P.L.R. § 1024, New York law provides a more forgiving principle for relation back in the context of naming John Doe defendants described with particularity in the complaint

  11. Section 1127 - Construction and definitions; intent of chapter

    15 U.S.C. § 1127   Cited 3,041 times   99 Legal Analyses
    Granting standing under § 1114 to the legal representative of the registrant of a trademark