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Kur- und Verkehrsverein St. Moritz v. Samsung America, Inc.

No. 92044412 (T.T.A.B. Jul. 18, 2007)
Kur- und Verkehrsverein St. Moritz v. Samsung America, Inc.

10 Cited authorities

  1. Celotex Corp. v. Catrett

    477 U.S. 317 (1986)   Cited 223,195 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. 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."

  3. 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."

  4. Lipton Industries, Inc. v. Ralston Purina

    670 F.2d 1024 (C.C.P.A. 1982)   Cited 58 times
    Holding that admission contained in an answer was binding, despite the fact that it was made "on information and belief"

  5. Octocom Systems v. Houston Computer Services

    918 F.2d 937 (Fed. Cir. 1990)   Cited 28 times

    No. 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

  6. 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"

  7. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 340,523 times   164 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

  8. Section 1127 - Construction and definitions; intent of chapter

    15 U.S.C. § 1127   Cited 3,049 times   99 Legal Analyses
    Granting standing under § 1114 to the legal representative of the registrant of a trademark

  9. Section 1058 - Duration, affidavits and fees

    15 U.S.C. § 1058   Cited 245 times   25 Legal Analyses
    Providing a ten-year duration for registered marks

  10. Section 1059 - Renewal of registration

    15 U.S.C. § 1059   Cited 42 times   19 Legal Analyses
    Requiring payment of fee to renew trade-mark