Enterprise Rent-A-Car Co. v. Advantage Rent-A-Car, Inc.

15 Cited authorities

  1. Celotex Corp. v. Catrett

    477 U.S. 317 (1986)   Cited 223,243 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. Sweats Fashions v. Pannill Knitting Co.

    833 F.2d 1560 (Fed. Cir. 1987)   Cited 163 times
    Finding that, on review of a grant of summary judgment in a USPTO opposition proceeding, "[opposer] would have us infer bad faith because of [registrant's] awareness of [opposer's] marks. However, an inference of 'bad faith' requires something more than mere knowledge of a prior similar mark. That is all the record here shows."
  3. Jet, Inc. v. Sewage Aeration Systems

    223 F.3d 1360 (Fed. Cir. 2000)   Cited 79 times   2 Legal Analyses
    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
  4. Tronzo v. Biomet, Inc.

    236 F.3d 1342 (Fed. Cir. 2001)   Cited 59 times   3 Legal Analyses
    Holding that the reduction in compensatory damages did not entitle the plaintiff to a new trial since it "was a purely legal issue," and emphasizing that, "[a]s a matter of law, there was no support for the compensatory damages award beyond that awarded by the district court"
  5. Person's Co., Ltd. v. Christman

    900 F.2d 1565 (Fed. Cir. 1990)   Cited 51 times   1 Legal Analyses
    Holding that foreign use is not sufficient to establish priority rights even over a United States competitor who took mark in bad faith
  6. Advantage Rent-A-Car Inc. v. Enterprise Rent-A-Car, Co.

    238 F.3d 378 (5th Cir. 2001)   Cited 23 times   1 Legal Analyses
    Finding that Enterprise's showing that it had spent more than $130 million on advertising containing mark "We'll Pick You Up" in various media outlets, including commercials shown on prime time national television, did not demonstrate necessary degree of fame
  7. 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.
  8. 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
  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. Philip Morris Inc. v. K2 Corp.

    555 F.2d 815 (C.C.P.A. 1977)   Cited 4 times

    Patent Appeal No. 76-740. June 2, 1977. Anthony L. Fletcher, Victor H. Tinucci III, New York City (Conboy, Hewitt, O'Brien Boardman, New York City), attorneys of record, for appellant. James R. Uhlir, Seattle, Wash. (Graybeal, Barnard Uhlir, Seattle, Wash.), attorneys of record, for appellee. Appeal from the Trademark Trial and Appeal Board. Before MARKEY, Chief Judge, and RICH, BALDWIN, LANE and MILLER, Judges. RICH, Judge. This appeal is from the Trademark Trial and Appeal Board (board) sustaining

  11. Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

    Fed. R. Civ. P. 12   Cited 367,795 times   969 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
  12. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 340,613 times   164 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit
  13. Rule 15 - Amended and Supplemental Pleadings

    Fed. R. Civ. P. 15   Cited 96,524 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
  14. Section 1367 - Supplemental jurisdiction

    28 U.S.C. § 1367   Cited 66,118 times   86 Legal Analyses
    Holding that in civil actions proceeding in federal court based solely on diversity jurisdiction under 28 U.S.C. § 1332, the district court "shall not have supplemental jurisdiction" over "claims by plaintiffs against persons made parties under Rule . . . 24" or "over claims by persons . . seeking to intervene as plaintiffs under Rule 24," if "exercising supplemental jurisdiction over such claims would be inconsistent with the jurisdictional requirements of section 1332"