Lile Inc. v. BCS Properties, LLC

8 Cited authorities

Celotex Corp. v. Catrett
477 U.S. 317 (1986) Cited 217,235 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"
Ritchie v. Simpson
170 F.3d 1092 (Fed. Cir. 1999) Cited 48 times 1 Legal Analyses
Finding “real interest” is shown by “a direct and personal stake in the outcome” or a “legitimate personal interest.”
Del Tabaco v. Gen. Cigar Co.
753 F.3d 1270 (Fed. Cir. 2014) Cited 13 times 5 Legal Analyses
Holding that appellant demonstrated entitlement to a "statutory cause of action" under the Lanham Act
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.
Otto Roth Co. v. Universal Foods Corp.
640 F.2d 1317 (C.C.P.A. 1981) Cited 20 times
Recognizing importance of "free use of the language" in commercial speech context
Rule 56 - Summary Judgment
Fed. R. Civ. P. 56 Cited 330,300 times 158 Legal Analyses
Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit
Section 1051 - Application for registration; verification
15 U.S.C. § 1051 Cited 3,806 times 124 Legal Analyses
Requiring a filing of a Statement of Use to register a mark
Section 1052 - Trademarks registrable on principal register; concurrent registration
15 U.S.C. § 1052 Cited 1,585 times 271 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"

Lile Inc. v. BCS Properties, LLC

8 Cited authorities

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"

Finding “real interest” is shown by “a direct and personal stake in the outcome” or a “legitimate personal interest.”

Holding that appellant demonstrated entitlement to a "statutory cause of action" under the Lanham Act

In Opryland, Opryland USA opposed the registration of "THE CAROLINA OPRY," arguing that the term was confusingly similar to Opryland's own marks.

Recognizing importance of "free use of the language" in commercial speech context

Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

Requiring a filing of a Statement of Use to register a mark

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"