Parklane Hosiery Co. v. Shore

Holding that district courts have discretion to refuse to apply offensive non-mutual collateral estoppel against a defendant if such an application of the doctrine would be unfair

Montana v. United States

Holding that "once an issue is actually and necessarily determined by a court of competent jurisdiction, that determination is conclusive in subsequent suits based on a different cause of action involving a party to the prior litigation"

Albino v. Baca

Holding that courts may decide exhaustion at summary judgment

Blonder-Tongue v. University Foundation

Holding issue preclusion inappropriate when "without fault of his own the [party to be precluded] was deprived of crucial evidence or witnesses in the first litigation"

Kannady v. City of Kiowa

Holding a plaintiff was not prejudiced when “he clearly knew” something “would be an issue” and “had a full opportunity to present evidence to support his position”

Bridgeway Corp. v. Citibank

Holding State Department reports required by statute are public records

Foster v. Hallco Mfg. Co., Inc.

Holding that the Lear v. Adkins ruling, which overrides certain contractual promises, does not override the claim-preclusive effect of a consent decree

Jet, Inc. v. Sewage Aeration Systems

Concluding that the same cause of action can exist in two cases only where the same set of transactional facts are involved in those cases and that, where the transactional facts differ, the doctrine of claim preclusion does not apply

Mayer/Berkshire Corp. v. Berkshire Fashions, Inc.

Vacating TTAB dismissal that was based on preclusive effect of district court infringement litigation

Rule 56 - Summary Judgment

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

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

Holding "the person who asserts trade dress protection has the burden of proving that the matter sought to be protected is not functional"

Section 1051 - Application for registration; verification

Requiring a filing of a Statement of Use to register a mark

Section 1052 - Trademarks registrable on principal register; concurrent registration

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"

Section 2.120 - Discovery

Providing that the TTAB "in its discretion, may refuse to consider the additional written disclosures or responses"

Section 2.122 - Matters in evidence

Providing that in inter partes proceeding, "[t]he allegation in an application for registration, or in a registration, of a date of use is not evidence on behalf of the applicant or registrant" but, rather, "a date of use of a mark must be established by competent evidence"

Section 2.127 - Motions