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Cabot Company Limited d/b/a Cabot Watch Company v. Combat Watch Company, LLC

No. 92053554 (T.T.A.B. Jul. 12, 2013)
Cabot Company Limited d/b/a Cabot Watch Company v. Combat Watch Company, LLC

17 Cited authorities

  1. Celotex Corp. v. Catrett

    477 U.S. 317 (1986)   Cited 217,274 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. Agostini v. Felton

    521 U.S. 203 (1997)   Cited 1,629 times   6 Legal Analyses
    Holding that "lower courts should follow the case which directly controls, leaving to this Court the prerogative of overruling its own decisions"

  3. Arizona v. California

    460 U.S. 605 (1983)   Cited 2,222 times   1 Legal Analyses
    Holding that res judicata barred re-opening the quantification of tribes' Winters rights

  4. 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."

  5. Herbko Intern., Inc. v. Kappa Books, Inc.

    308 F.3d 1156 (Fed. Cir. 2002)   Cited 45 times
    Explaining that proprietary rights are necessary to show priority of use when petitioning for cancellation under section 2(d)

  6. In re Mighty Leaf Tea

    601 F.3d 1342 (Fed. Cir. 2010)   Cited 22 times   3 Legal Analyses
    Rejecting an argument that the specific style of a registered mark could serve to distinguish the applicant's mark in standard character form

  7. 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

  8. Opryland USA v. Great American Music Show

    970 F.2d 847 (Fed. Cir. 1992)   Cited 23 times
    In Opryland, Opryland USA opposed the registration of "THE CAROLINA OPRY," arguing that the term was confusingly similar to Opryland's own marks.

  9. Canadian Imperial Bank v. Wells Fargo Bank

    811 F.2d 1490 (Fed. Cir. 1987)   Cited 13 times
    Affirming likelihood of confusion

  10. SquirtCo v. Tomy Corp.

    697 F.2d 1038 (Fed. Cir. 1983)   Cited 12 times
    Rejecting argument that SQUIRT SQUAD in standard letters is distinct from SQUIRT registered in “distinctive lettering on a dark medallion”; “[b]y presenting its mark merely in a typed drawing, a difference cannot legally be asserted by that party”

  11. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 330,364 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 26 - Duty to Disclose; General Provisions Governing Discovery

    Fed. R. Civ. P. 26   Cited 96,222 times   664 Legal Analyses
    Adopting Fed.R.Civ.P. 37

  13. Rule 30 - Depositions by Oral Examination

    Fed. R. Civ. P. 30   Cited 16,273 times   129 Legal Analyses
    Upholding a district court's decision not to consider the plaintiff's deposition errata sheets in opposition to a motion for summary judgment when they were untimely

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

    15 U.S.C. § 1127   Cited 2,954 times   96 Legal Analyses
    Granting standing under § 1114 to the legal representative of the registrant of a trademark

  15. Section 1055 - Use by related companies affecting validity and registration

    15 U.S.C. § 1055   Cited 149 times   3 Legal Analyses
    Providing that use by related company inures to benefit of registrant