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Ava Ruha Corporation dba Mother’s Market & Kitchen v. Mother’s Nutritional Center, Inc.

No. 92056067 (T.T.A.B. Jan. 29, 2015)
Ava Ruha Corporation dba Mother’s Market & Kitchen v. Mother’s Nutritional Center, Inc.

35 Cited authorities

  1. Celotex Corp. v. Catrett

    477 U.S. 317 (1986)   Cited 217,235 times   40 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. A.C. Aukerman Co. v. R.L. Chaides Const. Co.

    960 F.2d 1020 (Fed. Cir. 1992)   Cited 655 times   37 Legal Analyses
    Holding that equitable estoppel is a cognizable defense against patent infringement

  3. Mingus Constructors, Inc. v. U.S.

    812 F.2d 1387 (Fed. Cir. 1987)   Cited 366 times   1 Legal Analyses
    Finding that letters indicating an intent to file a claim in the future for an unspecified amount were not claims as defined by the contract where the contractual definition of claim was substantially the same as the FAR definition: "a written demand or assertion by one of the parties seeking, as a legal right, the payment of money, adjustment or interpretation of contract terms, or other relief, arising under or relating to this contract"

  4. Invitrogen Corp. v. Clontech Laboratories

    429 F.3d 1052 (Fed. Cir. 2005)   Cited 202 times   8 Legal Analyses
    Holding that a witness's conclusory assertion that the evidence demonstrated "conception, diligence and reduction to practice" did not carry a party's burden on summary judgment

  5. TCPIP Holding Co., Inc. v. Haar Communications, Inc.

    244 F.3d 88 (2d Cir. 2001)   Cited 206 times
    Holding that trademark holder's annual sales of $280 million were not enough to constitute fame

  6. Profitness Phy. Therapy v. Pro-Fit Orthopedic

    314 F.3d 62 (2d Cir. 2002)   Cited 122 times
    Vacating summary judgment for defendant

  7. Sheet Metal Workers' International Ass'n Local Union No. 359 v. Madison Industries, Inc.

    84 F.3d 1186 (9th Cir. 1996)   Cited 140 times
    Holding that an arbitrator is entitled to great deference in interpreting the CBA; in fact, he is not bound even by precedent or the record before him

  8. Woodrow Woods & Marine Exhaust Sys., Inc. v. Deangelo Marine Exhaust, Inc.

    692 F.3d 1272 (Fed. Cir. 2012)   Cited 82 times
    Finding it unnecessary to read proposed limitation into claim term where every claim that used the term already included the limitation

  9. Gasser Chair Co. v. Infanti Chair Manufacturing Corp.

    60 F.3d 770 (Fed. Cir. 1995)   Cited 121 times
    Holding that the trigger for delay begins when the plaintiff's "right ripens into one entitled to protection"

  10. Chattanoga Mfg., Inc. v. Nike, Inc.

    301 F.3d 789 (7th Cir. 2002)   Cited 96 times
    Holding that district court erred in dismissing counterclaims with prejudice because “[i]f a dispute ripens between the parties, [the counterclaimant] should have the opportunity to litigate its claims.”

  11. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 330,300 times   158 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

  12. Rule 403 - Excluding Relevant Evidence for Prejudice, Confusion, Waste of Time, or Other Reasons

    Fed. R. Evid. 403   Cited 22,714 times   83 Legal Analyses
    Adopting a similar standard, but requiring the probative value to be "substantially outweighed" by these risks

  13. Section 1125 - False designations of origin, false descriptions, and dilution forbidden

    15 U.S.C. § 1125   Cited 15,371 times   321 Legal Analyses
    Holding "the person who asserts trade dress protection has the burden of proving that the matter sought to be protected is not functional"

  14. Rule 602 - Need for Personal Knowledge

    Fed. R. Evid. 602   Cited 3,528 times   13 Legal Analyses
    Stating that " witness may testify only if evidence is introduced sufficient to support a finding that the witness has personal knowledge of the matter"

  15. Section 1057 - Certificates of registration

    15 U.S.C. § 1057   Cited 1,026 times   5 Legal Analyses
    Providing that a certificate of registration is prima facie evidence of an owner's right to use the mark

  16. Section 1072 - Registration as constructive notice of claim of ownership

    15 U.S.C. § 1072   Cited 197 times   4 Legal Analyses
    Registering a trademark provides "constructive notice of the registrant's claim of ownership thereof"

  17. Section 1069 - Application of equitable principles in inter partes proceedings

    15 U.S.C. § 1069   Cited 47 times   1 Legal Analyses
    Providing in the Lanham Act context that "[i]n all inter partes proceedings equitable principles of laches, estoppel, and acquiescence, where applicable may be considered and applied"