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DLR Licensing, LLC v. Carnival Corpora-tion

No. 92057150 (T.T.A.B. Oct. 22, 2014)
DLR Licensing, LLC v. Carnival Corpora-tion

13 Cited authorities

  1. Foman v. Davis

    371 U.S. 178 (1962)   Cited 30,146 times   4 Legal Analyses
    Holding that an appeal was improperly dismissed when the record as a whole — including a timely but incomplete notice of appeal and a premature but complete notice — revealed the orders petitioner sought to appeal

  2. Mingus Constructors, Inc. v. U.S.

    812 F.2d 1387 (Fed. Cir. 1987)   Cited 376 times   1 Legal Analyses
    Finding that letters indicating an intent to file a claim in the future for an unspecified amount were not claims as defined by the contract where the contractual definition of claim was substantially the same as the FAR definition: "a written demand or assertion by one of the parties seeking, as a legal right, the payment of money, adjustment or interpretation of contract terms, or other relief, arising under or relating to this contract"

  3. In re Bose Corp.

    580 F.3d 1240 (Fed. Cir. 2009)   Cited 176 times   13 Legal Analyses
    Holding that an applicant commits fraud when it knowingly makes false, material representations of fact with an intent to deceive the PTO

  4. On-Line Careline, Inc. v. America Online

    229 F.3d 1080 (Fed. Cir. 2000)   Cited 78 times
    Applying Recot in analyzing the similarity of services

  5. Torres v. Cantine Torresella S.R.L

    808 F.2d 46 (Fed. Cir. 1986)   Cited 52 times   3 Legal Analyses
    Affirming TTAB's cancellation of trademark for fraudulently obtaining registration

  6. Diversey Lever, Inc. v. Ecolab, Inc.

    191 F.3d 1350 (Fed. Cir. 1999)   Cited 25 times
    Holding that language in a settlement agreement stating that the defendant would not “ ‘directly or indirectly aid, assist or participate in any action contesting the validity’ ” of the patents at issue established that the defendant “surrendered its right to challenge the validity of the patents in any context”

  7. 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

  8. In re Advertising Marketing Development

    821 F.2d 614 (Fed. Cir. 1987)   Cited 21 times
    Holding that advertising firm had used THE NOW GENERATION as a mark for its promotional services based on letterhead naming itself as the "creators, producers and suppliers of THE NOW GENERATION sales promotion services" as well as "postcard and magazine advertising specimens to the same effect"

  9. 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"

  10. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 340,287 times   164 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

  11. Rule 15 - Amended and Supplemental Pleadings

    Fed. R. Civ. P. 15   Cited 96,382 times   95 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

  12. Section 1051 - Application for registration; verification

    15 U.S.C. § 1051   Cited 3,921 times   127 Legal Analyses
    Requiring a filing of a Statement of Use to register a mark

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

    15 U.S.C. § 1127   Cited 3,048 times   99 Legal Analyses
    Granting standing under § 1114 to the legal representative of the registrant of a trademark