Great Adirondack Steak & Seafood Cafe, Inc. v. Adirondack Pub & Brewery, Inc.

20 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 255,693 times 280 Legal Analyses
Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable
Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 269,419 times 367 Legal Analyses
Holding that a complaint's allegations should "contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face' "
Celotex Corp. v. Catrett
477 U.S. 317 (1986) Cited 217,235 times 40 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"
In re Bose Corp.
580 F.3d 1240 (Fed. Cir. 2009) Cited 161 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
Advanced Cardiovascular v. Scimed Life
988 F.2d 1157 (Fed. Cir. 1993) Cited 202 times 2 Legal Analyses
Holding that in a Section 256 claim, laches cannot be decided at the pleading stage "based solely on presumptions"
National Cable Television v. Am. Cinema
937 F.2d 1572 (Fed. Cir. 1991) Cited 82 times
Rejecting contention that “American Cinema Editors” did not have trademark rights in the acronym “ACE”
Lipton Industries, Inc. v. Ralston Purina
670 F.2d 1024 (C.C.P.A. 1982) Cited 57 times
Holding that admission contained in an answer was binding, despite the fact that it was made "on information and belief"
Lincoln Logs Ltd. v. Lincoln Pre-Cut Log Homes, Inc.
971 F.2d 732 (Fed. Cir. 1992) Cited 26 times
Stating that “a laches or estoppel defense in an opposition (or cancellation) proceeding may be based upon the Opposer's failure to object to an Applicant's registration of substantially the same mark ”
Copelands' Enterprises, Inc. v. CNV, Inc.
945 F.2d 1563 (Fed. Cir. 1991) Cited 25 times 1 Legal Analyses
Holding that PTO may deny registration if applicant has deceived consumers or competitors
Opryland USA v. Great American Music Show
970 F.2d 847 (Fed. Cir. 1992) Cited 23 times
In Opryland, Opryland USA opposed the registration of "THE CAROLINA OPRY," arguing that the term was confusingly similar to Opryland's own marks.
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 349,026 times 931 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Rule 56 - Summary Judgment
Fed. R. Civ. P. 56 Cited 330,300 times 158 Legal Analyses
Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit
Rule 9 - Pleading Special Matters
Fed. R. Civ. P. 9 Cited 39,155 times 321 Legal Analyses
Requiring that fraud be pleaded with particularity
Rule 42 - Consolidation; Separate Trials
Fed. R. Civ. P. 42 Cited 9,316 times 24 Legal Analyses
Granting court's authority to consolidate related cases or "issue any other orders to avoid unnecessary cost or delay."
Section 1051 - Application for registration; verification
15 U.S.C. § 1051 Cited 3,806 times 124 Legal Analyses
Requiring a filing of a Statement of Use to register a mark
Section 1052 - Trademarks registrable on principal register; concurrent registration
15 U.S.C. § 1052 Cited 1,585 times 271 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"

Great Adirondack Steak & Seafood Cafe, Inc. v. Adirondack Pub & Brewery, Inc.

20 Cited authorities

Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable

Holding that a complaint's allegations should "contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face' "

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"

Holding that an applicant commits fraud when it knowingly makes false, material representations of fact with an intent to deceive the PTO

Holding that in a Section 256 claim, laches cannot be decided at the pleading stage "based solely on presumptions"

Rejecting contention that “American Cinema Editors” did not have trademark rights in the acronym “ACE”

Holding that admission contained in an answer was binding, despite the fact that it was made "on information and belief"

Stating that “a laches or estoppel defense in an opposition (or cancellation) proceeding may be based upon the Opposer's failure to object to an Applicant's registration of substantially the same mark ”

Holding that PTO may deny registration if applicant has deceived consumers or competitors

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

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

Requiring that fraud be pleaded with particularity

Granting court's authority to consolidate related cases or "issue any other orders to avoid unnecessary cost or delay."

Requiring a filing of a Statement of Use to register a mark

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"