13 Cited authorities
Celotex Corp. v. Catrett
477 U.S. 317 (1986) Cited 223,148 times 42 Legal AnalysesHolding 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"
Sweats Fashions v. Pannill Knitting Co.
833 F.2d 1560 (Fed. Cir. 1987) Cited 163 timesFinding 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."
In re E. I. DuPont DeNemours & Co.
476 F.2d 1357 (C.C.P.A. 1973) Cited 194 times 33 Legal AnalysesReciting thirteen factors to be considered, referred to as "DuPont factors"
Brunswick Corp. v. British Seagull LTD
35 F.3d 1527 (Fed. Cir. 1994) Cited 28 timesHolding color black for outboard motors was functional because, while it had no utilitarian effect on the mechanical working of the engines, it nevertheless provided other identifiable competitive advantages, for example ease of coordination with a variety of boat colors and reduction in the apparent size of the engines
Octocom Systems v. Houston Computer Services
918 F.2d 937 (Fed. Cir. 1990) Cited 28 timesNo. 90-1196. November 2, 1990. Brian M. Dingman, Law Offices of Joseph S. Iandiorio, Waltham, Mass., argued for appellant. With him on the brief was Joseph S. Iandiorio. J. Paul Williamson, Arnold, White Durkee, Arlington, Va., argued for appellee. Appeal from the Patent and Trademark Office, Trademark Trial and Appeal Board. Before NIES, Chief Judge, ARCHER and CLEVENGER, Circuit Judges. NIES, Chief Judge. Octocom Systems, Inc. (OSI), appeals from the final decision of the U.S. Patent and Trademark
In re Majestic Distilling Co., Inc.
315 F.3d 1311 (Fed. Cir. 2003) Cited 13 times 1 Legal AnalysesHolding that malt liquor and tequila sold under the same mark would cause a likelihood of confusion
Opryland USA v. Great American Music Show
970 F.2d 847 (Fed. Cir. 1992) Cited 24 timesIn Opryland, Opryland USA opposed the registration of "THE CAROLINA OPRY," arguing that the term was confusingly similar to Opryland's own marks.
Lloyd's Food Products, Inc. v. Eli's, Inc.
987 F.2d 766 (Fed. Cir. 1993) Cited 18 timesHolding that third-party evidence should not be disregarded in evaluating the strength of a mark for purposes of determining the likelihood of confusion
Olde Tyme Foods, Inc. v. Roundy's, Inc.
961 F.2d 200 (Fed. Cir. 1992) Cited 12 timesStating 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"
Jean Patou, Inc. v. Theon, Inc.
9 F.3d 971 (Fed. Cir. 1993) Cited 10 timesNo. 93-1204. November 17, 1993. Howard P. Peck, Atty., Abelman, Frayne Schwab, New York City, argued for appellant. With him on the brief was Julianne Abelman. Mark F. Harrington, Atty., Perman Green, Fairfield, CT, for appellee. Appeal from the Patent and Trademark Office. Before RICH, MAYER, and SCHALL, Circuit Judges. RICH, Circuit Judge. This appeal is from a decision of the United States Patent and Trademark Office (PTO) Trademark Trial and Appeal Board (TTAB) which both sustained and dismissed
Rule 56 - Summary Judgment
Fed. R. Civ. P. 56 Cited 340,444 times 164 Legal AnalysesHolding a party may move for summary judgment on any part of any claim or defense in the lawsuit
Rule 42 - Consolidation; Separate Trials
Fed. R. Civ. P. 42 Cited 9,824 times 24 Legal AnalysesGranting 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 3,922 times 127 Legal AnalysesRequiring a filing of a Statement of Use to register a mark