Click and Park, LLC v. Park On Line, Inc.

8 Cited authorities

Celotex Corp. v. Catrett
477 U.S. 317 (1986) Cited 221,929 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"
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"
Lincoln Logs Ltd. v. Lincoln Pre-Cut Log Homes, Inc.
971 F.2d 732 (Fed. Cir. 1992) Cited 26 times
Stating that “a laches or estoppel defense in an opposition (or cancellation) proceeding may be based upon the Opposer's failure to object to an Applicant's registration of substantially the same mark ”
Opryland USA v. Great American Music Show
970 F.2d 847 (Fed. Cir. 1992) Cited 24 times
In Opryland, Opryland USA opposed the registration of "THE CAROLINA OPRY," arguing that the term was confusingly similar to Opryland's own marks.
Lloyd's Food Products, Inc. v. Eli's, Inc.
987 F.2d 766 (Fed. Cir. 1993) Cited 18 times
Holding that third-party evidence should not be disregarded in evaluating the strength of a mark for purposes of determining the likelihood of confusion
Rule 56 - Summary Judgment
Fed. R. Civ. P. 56 Cited 338,377 times 161 Legal Analyses
Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit
Rule 15 - Amended and Supplemental Pleadings
Fed. R. Civ. P. 15 Cited 95,474 times 92 Legal Analyses
Finding 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
Rule 36 - Requests for Admission
Fed. R. Civ. P. 36 Cited 6,378 times 13 Legal Analyses
Noting that facts admitted pursuant to a Rule 36 discovery request are "conclusively established unless the court, on motion, permits the admission to be withdrawn or amended"

Click and Park, LLC v. Park On Line, Inc.

8 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"

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

Stating that “a laches or estoppel defense in an opposition (or cancellation) proceeding may be based upon the Opposer's failure to object to an Applicant's registration of substantially the same mark ”

In Opryland, Opryland USA opposed the registration of "THE CAROLINA OPRY," arguing that the term was confusingly similar to Opryland's own marks.

Holding that third-party evidence should not be disregarded in evaluating the strength of a mark for purposes of determining the likelihood of confusion

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

Finding 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

Noting that facts admitted pursuant to a Rule 36 discovery request are "conclusively established unless the court, on motion, permits the admission to be withdrawn or amended"