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Daniele & Sons, Inc. v. 33 Subs, Inc.

No. 91219007 (T.T.A.B. Jun. 28, 2016)
Daniele & Sons, Inc. v. 33 Subs, Inc.

17 Cited authorities

  1. Celotex Corp. v. Catrett

    477 U.S. 317 (1986)   Cited 223,006 times   42 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. Seay v. Tennessee Valley Authority

    339 F.3d 454 (6th Cir. 2003)   Cited 467 times
    Holding that fellow employees were not "similarly situated" for purposes of disparate treatment claim because they engaged in different conduct, justifying differential treatment

  3. Cunningham v. Laser Golf Corp.

    222 F.3d 943 (Fed. Cir. 2000)   Cited 76 times   3 Legal Analyses
    Finding similarity between LASER for golf clubs and golf balls and LASERSWING for golf practice devices, and noting that "the term ‘swing’ is both common and descriptive" and therefore "may be given little weight in reaching a conclusion on likelihood of confusion"

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

    308 F.3d 1156 (Fed. Cir. 2002)   Cited 47 times
    Explaining that proprietary rights are necessary to show priority of use when petitioning for cancellation under section 2(d)

  5. Ritchie v. Simpson

    170 F.3d 1092 (Fed. Cir. 1999)   Cited 48 times   1 Legal Analyses
    Finding “real interest” is shown by “a direct and personal stake in the outcome” or a “legitimate personal interest.”

  6. Del Tabaco v. Gen. Cigar Co.

    753 F.3d 1270 (Fed. Cir. 2014)   Cited 16 times   5 Legal Analyses
    Holding that appellant demonstrated entitlement to a "statutory cause of action" under the Lanham Act

  7. Lipton Industries, Inc. v. Ralston Purina

    670 F.2d 1024 (C.C.P.A. 1982)   Cited 58 times
    Holding that admission contained in an answer was binding, despite the fact that it was made "on information and belief"

  8. 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.

  9. 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

  10. 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"

  11. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 340,211 times   164 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 102,262 times   702 Legal Analyses
    Adopting Fed.R.Civ.P. 37

  13. Rule 6 - Computing and Extending Time; Time for Motion Papers

    Fed. R. Civ. P. 6   Cited 52,819 times   24 Legal Analyses
    Holding that "if the last day [of a period] is a Saturday, Sunday, or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday."

  14. Rule 37 - Failure to Make Disclosures or to Cooperate in Discovery; Sanctions

    Fed. R. Civ. P. 37   Cited 48,933 times   339 Legal Analyses
    Holding that a party may be barred from using a witness if it fails to disclose the witness

  15. Rule 201 - Judicial Notice of Adjudicative Facts

    Fed. R. Evid. 201   Cited 30,329 times   26 Legal Analyses
    Holding "[n]ormally, in deciding a motion to dismiss for failure to state a claim, courts must limit their inquiry to the facts stated in the complaint and the documents either attached to or incorporated in the complaint. However, courts may also consider matters of which they may take judicial notice."

  16. Rule 36 - Requests for Admission

    Fed. R. Civ. P. 36   Cited 6,425 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"