Florida Engineered Construction Products Corporation v. Case-Crete Inc.

10 Cited authorities

Celotex Corp. v. Catrett
477 U.S. 317 (1986) Cited 223,587 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"
T.A.B. Systems v. Pactel Teletrac
77 F.3d 1372 (Fed. Cir. 1996) Cited 29 times 1 Legal Analyses
Finding that press releases, slide show presentations, brochures, and news articles were insufficient to establish analogous use trademark rights where the evidence presented did not support an inference that "a substantial share of the consuming public had been reached" or that "the consuming public came to identify" the mark with defendant's services
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.
Custom Comp. Serv. v. Paychex Properties
337 F.3d 1334 (Fed. Cir. 2003) Cited 3 times
Deferring to the Board's interpretation of "mistake" in the context of 37 C.F.R. § 2.102(b)
Rule 56 - Summary Judgment
Fed. R. Civ. P. 56 Cited 341,158 times 164 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 96,722 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
Rule 402 - General Admissibility of Relevant Evidence
Fed. R. Evid. 402 Cited 7,126 times 13 Legal Analyses
Stating that relevant evidence is generally admissible at trial
Rule 36 - Requests for Admission
Fed. R. Civ. P. 36 Cited 6,448 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to a Rule 36 discovery request are "conclusively established unless the court, on motion, permits the admission to be withdrawn or amended"
Rule 802 - The Rule Against Hearsay
Fed. R. Evid. 802 Cited 4,103 times 12 Legal Analyses
Recognizing federal statutes, the Federal Rules of Evidence, or Supreme Court rules as sources for exceptions to the rule against hearsay
Section 1052 - Trademarks registrable on principal register; concurrent registration
15 U.S.C. § 1052 Cited 1,617 times 276 Legal Analyses
Granting authority to refuse registration to a trademark that so resembles a registered mark "as to be likely, when used on or in connection with the goods of the applicant, to cause confusion, or to cause mistake, or to deceive"

Florida Engineered Construction Products Corporation v. Case-Crete Inc.

10 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"

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

Deferring to the Board's interpretation of "mistake" in the context of 37 C.F.R. § 2.102(b)

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

Stating that relevant evidence is generally admissible at trial

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"

Recognizing federal statutes, the Federal Rules of Evidence, or Supreme Court rules as sources for exceptions to the rule against hearsay

Granting authority to refuse registration to a trademark that so resembles a registered mark "as to be likely, when used on or in connection with the goods of the applicant, to cause confusion, or to cause mistake, or to deceive"