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Jarrow Formulas, Inc. v. Ford Albritton, IV Ford Albritton, IV v. Jarrow Formulas, Inc.

No. 91186397 (T.T.A.B. May. 16, 2012)
Jarrow Formulas, Inc. v. Ford Albritton, IV Ford Albritton, IV v. Jarrow Formulas, Inc.

9 Cited authorities

  1. Celotex Corp. v. Catrett

    477 U.S. 317 (1986)   Cited 216,775 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"

  2. 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."

  3. In re Int'l Flavors Fragrances Inc.

    183 F.3d 1361 (Fed. Cir. 1999)   Cited 58 times   4 Legal Analyses
    Noting "[t]he federal registration of a trademark does not create an exclusive property right in the mark"

  4. 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.

  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. INSTITUT NAT. DES APPELLATIONS v. VINTNERS

    958 F.2d 1574 (Fed. Cir. 1992)   Cited 13 times
    Affirming finding, on summary judgment, that the term "Chablis" is generic

  7. 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"

  8. Smith Brothers Mfg. Co. v. Stone Mfg. Co.

    476 F.2d 1004 (C.C.P.A. 1973)   Cited 4 times

    Patent Appeal No. 8947. April 19, 1973. George R. Douglas, Jr. (Misegades Douglas), Washington, D.C., attorneys of record for appellant; Sherman Levy, Washington, D.C., of counsel. B.P. Fishburne, Jr., Washington, D.C., attorney of record, for appellee. Appeal from the Patent Office Trademark Trial and Appeal Board. Before MARKEY, Chief Judge, RICH, BALDWIN, and LANE, Judges, and ALMOND, Senior Judge. RICH, Judge. This appeal is from the decision of the Patent Office Trademark Trial and Appeal Board

  9. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 329,526 times   158 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit