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Armida Winery Inc. v. The Cuban, LLC and Poison Spirits, Inc.

No. 92065105 (T.T.A.B. Aug. 1, 2018)
Armida Winery Inc. v. The Cuban, LLC and Poison Spirits, Inc.

39 Cited authorities

  1. 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"

  2. Becerra v. Asher

    105 F.3d 1042 (5th Cir. 1997)   Cited 137 times
    Holding that a constitutional violation is an essential element in a § 1983 claim against a municipality

  3. Sweats Fashions v. Pannill Knitting Co.

    833 F.2d 1560 (Fed. Cir. 1987)   Cited 163 times
    Finding that, on review of a grant of summary judgment in a USPTO opposition proceeding, "[opposer] would have us infer bad faith because of [registrant's] awareness of [opposer's] marks. However, an inference of 'bad faith' requires something more than mere knowledge of a prior similar mark. That is all the record here shows."

  4. In re E. I. DuPont DeNemours & Co.

    476 F.2d 1357 (C.C.P.A. 1973)   Cited 190 times   32 Legal Analyses
    Reciting thirteen factors to be considered, referred to as "DuPont factors"

  5. Palm Bay Imp. v. Veuve Clicquot Ponsardin

    396 F.3d 1369 (Fed. Cir. 2005)   Cited 72 times   4 Legal Analyses
    Finding similarity between "VEUVE ROYALE" and "VEUVE CLICQUOT" because "VEUVE ... remains a ‘prominent feature’ as the first word in the mark and the first word to appear on the label"

  6. Natural Footwear v. Hart, Schaffner Marx

    760 F.2d 1383 (3d Cir. 1985)   Cited 122 times
    Holding that gross sales of less than $5,000 to fewer than 50 customers were below the minimum threshold for market penetration

  7. Cunningham v. Laser Golf Corp.

    222 F.3d 943 (Fed. Cir. 2000)   Cited 74 times   3 Legal Analyses
    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"

  8. Waterman v. Mackenzie

    138 U.S. 252 (1891)   Cited 493 times   2 Legal Analyses
    Holding that in the first and third cases, the assignee may sue in its name alone; in the second case, it may sue "jointly with the assignor"

  9. National Cable Television v. Am. Cinema

    937 F.2d 1572 (Fed. Cir. 1991)   Cited 82 times
    Rejecting contention that “American Cinema Editors” did not have trademark rights in the acronym “ACE”

  10. Ritchie v. Simpson

    170 F.3d 1092 (Fed. Cir. 1999)   Cited 48 times   1 Legal Analyses
    Finding “real interest” is shown by “a direct and personal stake in the outcome” or a “legitimate personal interest.”

  11. 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

  12. Rule 6 - Computing and Extending Time; Time for Motion Papers

    Fed. R. Civ. P. 6   Cited 51,354 times   24 Legal Analyses
    Holding that "if the last day [of a period] is a Saturday, Sunday, or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday."

  13. Rule 11 - Signing Pleadings, Motions, and Other Papers; Representations to the Court; Sanctions

    Fed. R. Civ. P. 11   Cited 37,225 times   149 Legal Analyses
    Holding an "unrepresented party" to the same standard as an attorney

  14. Rule 201 - Judicial Notice of Adjudicative Facts

    Fed. R. Evid. 201   Cited 29,623 times   26 Legal Analyses
    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."

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

    Fed. R. Evid. 803   Cited 12,987 times   85 Legal Analyses
    Recognizing exception to rule against hearsay for records of regularly conducted activities

  16. Rule 25 - Substitution of Parties

    Fed. R. Civ. P. 25   Cited 11,186 times   11 Legal Analyses
    Providing for the automatic substitution at the district-court level of public officers sued in their official capacities

  17. Rule 17 - Plaintiff and Defendant; Capacity; Public Officers

    Fed. R. Civ. P. 17   Cited 9,541 times   23 Legal Analyses
    Providing that, for this type of entity, "[c]apacity to sue or be sued is determined . . . by the law of the state where the court is located"

  18. Rule 36 - Requests for Admission

    Fed. R. Civ. P. 36   Cited 6,312 times   13 Legal Analyses
    Noting that facts admitted pursuant to a Rule 36 discovery request are "conclusively established unless the court, on motion, permits the admission to be withdrawn or amended"

  19. Rule 1006 - Summaries to Prove Content

    Fed. R. Evid. 1006   Cited 1,799 times   6 Legal Analyses
    Allowing a "summary, chart, or calculation to prove the content of voluminous writings, recordings, or photographs that cannot be conveniently examined in court."

  20. Section 1057 - Certificates of registration

    15 U.S.C. § 1057   Cited 1,044 times   5 Legal Analyses
    Providing that a certificate of registration is prima facie evidence of an owner's right to use the mark