Arnita Y. Boswell and James W. Clement v. Mavety Media Group Ltd.
6 Cited authorities
Ritchie v. Simpson
170 F.3d 1092 (Fed. Cir. 1999) Cited 48 times 1 Legal AnalysesFinding “real interest” is shown by “a direct and personal stake in the outcome” or a “legitimate personal interest.”
Lipton Industries, Inc. v. Ralston Purina
670 F.2d 1024 (C.C.P.A. 1982) Cited 58 timesHolding that admission contained in an answer was binding, despite the fact that it was made "on information and belief"
Jewelers Vigilance Comm. v. Ullenberg Corp.
823 F.2d 490 (Fed. Cir. 1987) Cited 24 timesFinding a “real interest” in a mark's registration can be shown “without proprietary rights in the mark or without asserting that it has a right or has an interest in using the alleged mark”
In re Mavety Media Group Ltd.
33 F.3d 1367 (Fed. Cir. 1994) Cited 13 times 2 Legal AnalysesHolding that PTO failed to prove that term was scandalous and thus unregistrable; PTO relied on dictionary definition of disputed term, but dictionary provided alternative definitions; proof failed because of "the absence of evidence as to which of these definitions the substantial composite [of consumers] would choose"
University of Notre Dame Du Lac v. J.C. Gourmet Food Imports Co.
703 F.2d 1372 (Fed. Cir. 1983) Cited 19 times 2 Legal AnalysesIn University of Notre Dame Du Lac v. J.C. Gourmet Food Imports Co., 703 F.2d 1372, 1376, 217 USPQ 505, 509 (Fed. Cir. 1983), the court added that section 2(a) embraces concepts of the right to privacy which may be violated even in the absence of likelihood of confusion.
Rule 15 - Amended and Supplemental Pleadings
Fed. R. Civ. P. 15 Cited 94,288 times 92 Legal AnalysesFinding 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