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Fuji Television Network, Inc. v. Brian Prince

92068100 (T.T.A.B. Jan. 8, 2021)
Fuji Television Network, Inc. v. Brian Prince

17 Cited authorities

  1. Celotex Corp. v. Catrett

    477 U.S. 317 (1986)   Cited 223,052 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. Lexmark Int'l, Inc. v. Static Control Components, Inc.

    572 U.S. 118 (2014)   Cited 3,110 times   74 Legal Analyses
    Holding that the respondent could not "obtain relief" under § 1125 "without evidence of injury proximately caused by [the petitioner's] alleged misrepresentations"

  3. Barmag Barmer Maschinenfabrik v. Murata Mach

    731 F.2d 831 (Fed. Cir. 1984)   Cited 279 times   1 Legal Analyses
    Holding that mere allegations do not create a material issue of fact if the nonmovant cannot "point to an evidentiary conflict created on the record at least by a counter statement of a fact or facts set forth in detail in an affidavit by a knowledgeable affiant."

  4. 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."

  5. Australian Therapeutic Supplies Pty. v. Naked TM, LLC

    965 F.3d 1370 (Fed. Cir. 2020)   Cited 12 times   1 Legal Analyses
    Concluding that a petitioner did not have a valid cause of action because it was precluded by a prior settlement agreement

  6. Corcamore, LLC v. SFM, LLC

    978 F.3d 1298 (Fed. Cir. 2020)   Cited 10 times   3 Legal Analyses
    Holding that Lexmark controls the statutory cause of action analysis under § 1064

  7. 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

  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 340,287 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 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 166,753 times   198 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  13. Rule 33 - Interrogatories to Parties

    Fed. R. Civ. P. 33   Cited 11,443 times   22 Legal Analyses
    Adopting Rule 30(b)

  14. 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

  15. Section 1064 - Cancellation of registration

    15 U.S.C. § 1064   Cited 934 times   51 Legal Analyses
    Allowing a petition to cancel a certification mark if the registered owner "discriminately refuses to certify" qualifying goods or services

  16. Section 1063 - Opposition to registration

    15 U.S.C. § 1063   Cited 149 times   19 Legal Analyses
    Identifying "dilution by blurring ... under section 1125(c) as a permissible grounds for opposition to a registration"