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Ing. Khachatur Mkrtchyan v. Biostar Technology International LLC

No. 92066765 (T.T.A.B. Mar. 28, 2018)
Ing. Khachatur Mkrtchyan v. Biostar Technology International LLC

9 Cited authorities

  1. Celotex Corp. v. Catrett

    477 U.S. 317 (1986)   Cited 220,711 times   41 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. Parklane Hosiery Co. v. Shore

    439 U.S. 322 (1979)   Cited 4,295 times   8 Legal Analyses
    Holding that district courts have discretion to refuse to apply offensive non-mutual collateral estoppel against a defendant if such an application of the doctrine would be unfair

  3. Lawlor v. Nat'l Screen Serv.

    349 U.S. 322 (1955)   Cited 889 times   2 Legal Analyses
    Holding that two suits were not "based on the same cause of action," because "[t]he conduct presently complained of was all subsequent to" the prior judgment and it "cannot be given the effect of extinguishing claims which did not even then exist and which could not possibly have been sued upon in the previous case"

  4. 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

  5. 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

  6. McDermott v. Francisco

    240 F. App'x 865 (Fed. Cir. 2007)   Cited 2 times
    Finding no standing to oppose registration of DYKE mark

  7. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 336,292 times   161 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

  8. Rule 41 - Dismissal of Actions

    Fed. R. Civ. P. 41   Cited 114,908 times   200 Legal Analyses
    Holding that such dismissal "operates as an adjudication on the merits"

  9. Rule 60 - Relief from a Judgment or Order

    Fed. R. Civ. P. 60   Cited 55,402 times   152 Legal Analyses
    Granting relief from the operation of a judgment