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L-Nutra, Inc. v. Marshall Nutraceuticals Pty Ltd.

No. 92067874 (T.T.A.B. Sep. 11, 2018)
L-Nutra, Inc. v. Marshall Nutraceuticals Pty Ltd.

10 Cited authorities

  1. Pioneer Investment Services Company v. Brunswick Associates Limited Partnership

    507 U.S. 380 (1993)   Cited 7,950 times   14 Legal Analyses
    Holding that clients must be held accountable for the acts and omissions of their attorneys

  2. Seven Elves, Inc. v. Eskenazi

    635 F.2d 396 (5th Cir. 1981)   Cited 587 times
    Holding that "any possible malpractice remedy against their attorney would be inadequate to restore the [moving party] to their prejudgment position"

  3. Information Systems Networks Corp. v. U.S.

    994 F.2d 792 (Fed. Cir. 1993)   Cited 37 times
    Concluding that there was excusable neglect under Rule 60(b) where the delay was based on a misunderstanding by the attorney

  4. Hewlett-Packard Co. v. Olympus Corp.

    931 F.2d 1551 (Fed. Cir. 1991)   Cited 4 times

    No. 91-1011. May 2, 1991. Don B. Finkelstein, Ladas Parry, Los Angeles, Cal., argued, for appellant. Allen J. Baden and Jonathan D. Reichman, Kenyon Kenyon, of New York City, argued, for appellee. With them on the brief, was William T. Boland, Jr. Appeal from the United States Patent and Trademark Office, Trademark Trial and Appeal Board. Before LOURIE, CLEVENGER, and RADER, Circuit Judges. LOURIE, Circuit Judge. Hewlett-Packard Company appeals from the final decision of the United States Patent

  5. Rule 60 - Relief from a Judgment or Order

    Fed. R. Civ. P. 60   Cited 55,393 times   152 Legal Analyses
    Granting relief from the operation of a judgment

  6. Rule 55 - Default; Default Judgment

    Fed. R. Civ. P. 55   Cited 34,957 times   13 Legal Analyses
    Adopting similar language for acquiring default judgment against the United States

  7. Section 1052 - Trademarks registrable on principal register; concurrent registration

    15 U.S.C. § 1052   Cited 1,600 times   274 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"

  8. Section 1141f - Effect of filing a request for extension of protection of an international registration to the United States

    15 U.S.C. § 1141f   Cited 7 times   3 Legal Analyses
    Requiring a declaration of "bona fide intention to use the mark in commerce"

  9. Section 2.122 - Matters in evidence

    37 C.F.R. § 2.122   Cited 23 times   1 Legal Analyses
    Providing that in inter partes proceeding, "[t]he allegation in an application for registration, or in a registration, of a date of use is not evidence on behalf of the applicant or registrant" but, rather, "a date of use of a mark must be established by competent evidence"

  10. Section 2.127 - Motions

    37 C.F.R. § 2.127   Cited 8 times

    (a) Every motion must be submitted in written form and must meet the requirements prescribed in § 2.126 . It shall contain a full statement of the grounds, and shall embody or be accompanied by a brief. Except as provided in paragraph (e)(1) of this section, a brief in response to a motion shall be filed within twenty days from the date of service of the motion unless another time is specified by the Trademark Trial and Appeal Board, or the time is extended by stipulation of the parties approved