C & N Corporation v. Illinois River Winery, Inc.

11 Cited authorities

Celotex Corp. v. Catrett
477 U.S. 317 (1986) Cited 221,900 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"
Barmag Barmer Maschinenfabrik v. Murata Mach
731 F.2d 831 (Fed. Cir. 1984) Cited 277 times 1 Legal Analyses
Holding that mere allegations do not create a material issue of fact if the nonmovant cannot "point to an evidentiary conflict created on the record at least by a counter statement of a fact or facts set forth in detail in an affidavit by a knowledgeable affiant."
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."
In re E. I. DuPont DeNemours & Co.
476 F.2d 1357 (C.C.P.A. 1973) Cited 190 times 33 Legal Analyses
Reciting thirteen factors to be considered, referred to as "DuPont factors"
Han Beauty, Inc. v. Alberto-Culver Co.
236 F.3d 1333 (Fed. Cir. 2001) Cited 33 times
Finding no error because, "while the Board did not make explicit findings about the strength of the [opposer’s mark], the Board’s opinion reveals that the Board considered this factor"
Octocom Systems v. Houston Computer Services
918 F.2d 937 (Fed. Cir. 1990) Cited 28 times
No. 90-1196. November 2, 1990. Brian M. Dingman, Law Offices of Joseph S. Iandiorio, Waltham, Mass., argued for appellant. With him on the brief was Joseph S. Iandiorio. J. Paul Williamson, Arnold, White Durkee, Arlington, Va., argued for appellee. Appeal from the Patent and Trademark Office, Trademark Trial and Appeal Board. Before NIES, Chief Judge, ARCHER and CLEVENGER, Circuit Judges. NIES, Chief Judge. Octocom Systems, Inc. (OSI), appeals from the final decision of the U.S. Patent and Trademark
Olde Tyme Foods, Inc. v. Roundy's, Inc.
961 F.2d 200 (Fed. Cir. 1992) Cited 12 times
Stating that "[a]s to strength of a mark . . . [third-party] registration evidence may not be given any weight . . . [because they are] not evidence of what happens in the market place"
In re Research and Trading Corp.
793 F.2d 1276 (Fed. Cir. 1986) Cited 5 times
Appeal No. 86-705. June 12, 1986. Peter J. Georges, of Russell, Georges, Brenenman, Hellwege Yee, Arlington, Va., for appellant. Nancy C. Slutter, of the Office of the Solicitor, Arlington, Va., for Com'r of Patents and Trademarks. With her on brief were Joseph F. Nakamura, Solicitor, Fred E. McKelvey, Deputy Solicitor and Julie Seyler, Trademark Examining Atty. Appeal from the Trademark Trial and Appeal Board. Before SMITH, Circuit Judge, BENNETT, Senior Circuit Judge, and NEWMAN, Circuit Judge
Carlisle Chemical Works, Inc. v. Hardman & Holden Ltd.
434 F.2d 1403 (C.C.P.A. 1970) Cited 10 times
In Carlisle Chemical Works, Inc. v. Hardman Holden Ltd., 434 F.2d 1403 (C.C.P.A. 1970) the parties used similar marks "COZIRC" and "ZIRCO" in the sale of specialized chemicals to paint and ink manufacturers.
Rule 56 - Summary Judgment
Fed. R. Civ. P. 56 Cited 338,321 times 161 Legal Analyses
Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit
Section 1052 - Trademarks registrable on principal register; concurrent registration
15 U.S.C. § 1052 Cited 1,608 times 274 Legal Analyses
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"

C & N Corporation v. Illinois River Winery, Inc.

11 Cited authorities

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"

Holding that mere allegations do not create a material issue of fact if the nonmovant cannot "point to an evidentiary conflict created on the record at least by a counter statement of a fact or facts set forth in detail in an affidavit by a knowledgeable affiant."

Reciting thirteen factors to be considered, referred to as "DuPont factors"

Finding no error because, "while the Board did not make explicit findings about the strength of the [opposer’s mark], the Board’s opinion reveals that the Board considered this factor"

Stating that "[a]s to strength of a mark . . . [third-party] registration evidence may not be given any weight . . . [because they are] not evidence of what happens in the market place"

In Carlisle Chemical Works, Inc. v. Hardman Holden Ltd., 434 F.2d 1403 (C.C.P.A. 1970) the parties used similar marks "COZIRC" and "ZIRCO" in the sale of specialized chemicals to paint and ink manufacturers.

Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

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"