13 Cited authorities
Bridgestone/Firestone Research, Inc. v. Automobile Club de l'Ouest de la France
245 F.3d 1359 (Fed. Cir. 2001) Cited 51 timesHolding that a petition for cancellation of a registered trademark was barred by the doctrine of laches based on the petitioner's constructive knowledge
H. Marvin Ginn Corp. v. International Ass'n of Fire Chiefs, Inc.
782 F.2d 987 (Fed. Cir. 1986) Cited 44 times 8 Legal AnalysesReversing decision of TTAB that "Fire Chief," as applied to monthly magazine circulated to fire departments, was generic
Rivard v. Linville
133 F.3d 1446 (Fed. Cir. 1998) Cited 23 times 2 Legal AnalysesFinding evidence must be more than a mere denial of an intent to abandon
Opryland USA v. Great American Music Show
970 F.2d 847 (Fed. Cir. 1992) Cited 23 timesIn Opryland, Opryland USA opposed the registration of "THE CAROLINA OPRY," arguing that the term was confusingly similar to Opryland's own marks.
Olde Tyme Foods, Inc. v. Roundy's, Inc.
961 F.2d 200 (Fed. Cir. 1992) Cited 12 timesStating 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"
University of Notre Dame Du Lac v. J.C. Gourmet Food Imports Co.
703 F.2d 1372 (Fed. Cir. 1983) Cited 19 times 2 Legal AnalysesIn University of Notre Dame Du Lac v. J.C. Gourmet Food Imports Co., 703 F.2d 1372, 1376, 217 USPQ 505, 509 (Fed. Cir. 1983), the court added that section 2(a) embraces concepts of the right to privacy which may be violated even in the absence of likelihood of confusion.
W.D. Byron Sons v. Stein Bros. Mfg. Co.
377 F.2d 1001 (C.C.P.A. 1967) Cited 18 timesPatent Appeal No. 7806. May 25, 1967. Kaye, Scholer, Fierman, Hays Handler, New York City (Sidney A. Diamond, New York City, of counsel), for appellant. Hill, Sherman, Meroni, Gross Simpson, Charles F. Meroni, Charles F. Meroni, Jr., Chicago, Ill., for appellee. Before WORLEY, Chief Judge, RICH, SMITH, and ALMOND, Judges, and WILLIAM H. KIRKPATRICK. Senior District Judge, Eastern District of Pennsylvania, sitting by designation. ALMOND, Judge. This is an appeal by opposer-petitioner Byron from the
In re Champion International Corp.
74 N.C. App. 639 (N.C. Ct. App. 1985) Cited 1 timesNo. 8410PTC115 Filed 21 May 1985 1. Taxation 25; Constitutional Law 6.1 — taxation of leased interest in State owned forestlands Taxation of Champion's interest in the Hofmann Forest by the counties in which the forest is located does not violate the prohibition against taxing State, county, and municipal property in Sec. 2 (3) of Article V of the North Carolina Constitution where Champion leased Hofmann from the State, owned the exclusive right to timber in the forest, and used the forest as a commercial
Ultra-White Co. v. Johnson Chemical Industries, Inc.
465 F.2d 891 (C.C.P.A. 1972) Cited 6 timesFinding confusion inevitable for "identical term ‘BRIGHTWHITE’ or ‘BRIGHT WHITE’ for the specified goods"
Duffy-Mott Co. v. Cumberland Packing Co.
424 F.2d 1095 (C.C.P.A. 1970) Cited 3 times 2 Legal AnalysesIn Duffy-Mott, for example, our predecessor-court in 1970 approved the PTO's decision in an opposition proceeding to sanction a registrant who "attempted by false representations in the [PTO] to secure through [its] registration incontestable rights."
Rule 56 - Summary Judgment
Fed. R. Civ. P. 56 Cited 330,300 times 158 Legal AnalysesHolding a party may move for summary judgment on any part of any claim or defense in the lawsuit
Rule 8 - General Rules of Pleading
Fed. R. Civ. P. 8 Cited 157,899 times 196 Legal AnalysesHolding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."