Major League Baseball Properties, Inc. v. Christopher Webb

17 Cited authorities

Celotex Corp. v. Catrett
477 U.S. 317 (1986) Cited 222,599 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"
Star Scientific v. R.J. Tobacco
537 F.3d 1357 (Fed. Cir. 2008) Cited 399 times 8 Legal Analyses
Holding that intent may be proven circumstantially, "[b]ut such evidence must still be clear and convincing, and inferences drawn from lesser evidence cannot satisfy the deceptive intent requirement"
In re Bose Corp.
580 F.3d 1240 (Fed. Cir. 2009) Cited 175 times 13 Legal Analyses
Holding that an applicant commits fraud when it knowingly makes false, material representations of fact with an intent to deceive the PTO
Cunningham v. Laser Golf Corp.
222 F.3d 943 (Fed. Cir. 2000) Cited 76 times 3 Legal Analyses
Finding similarity between LASER for golf clubs and golf balls and LASERSWING for golf practice devices, and noting that "the term ‘swing’ is both common and descriptive" and therefore "may be given little weight in reaching a conclusion on likelihood of confusion"
Aycock Eng. v. Airflite
560 F.3d 1350 (Fed. Cir. 2009) Cited 46 times 2 Legal Analyses
Holding that applicant's preparation to use the mark was insufficient to constitute use in commerce
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.”
Sánchez-Medina v. Unicco Service Co.
265 F.R.D. 24 (D.P.R. 2009) Cited 24 times
Anibal Escanellas-Rivera, Maria T. Juan-Urrutia, Escanellas & Juan, San Juan, PR, for Plaintiffs. Elizabeth M. Lizardi-Mendez, Francisco M. Ramirez-Rivera, Martinez Odell & Calabria, Enrique M. Almeida-Bernal, Almeida Law Office, Anita Montaner-Sevillano, Karen Morales-Ramirez, McConnell Valdes, San Juan, PR, for Defendants. OPINION AND ORDER JUSTO ARENAS, United States Chief Magistrate Judge. This matter is before the court on plaintiffs' request that defendants be ordered to immediately produce
Copelands' Enterprises, Inc. v. CNV, Inc.
945 F.2d 1563 (Fed. Cir. 1991) Cited 25 times 1 Legal Analyses
Holding that PTO may deny registration if applicant has deceived consumers or competitors
Grain Processing v. American Maize-Products
108 F.3d 1392 (Fed. Cir. 1997) Cited 18 times
In White, this court affirmed a decision of the Board refusing to register the mark “THE ROMULANS” to the applicant (the principal member of a rock-and-roll band called “The Romulans”) for promotional connect-the-dots games.
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
Rule 56 - Summary Judgment
Fed. R. Civ. P. 56 Cited 339,516 times 162 Legal Analyses
Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit
Rule 26 - Duty to Disclose; General Provisions Governing Discovery
Fed. R. Civ. P. 26 Cited 101,886 times 701 Legal Analyses
Adopting Fed.R.Civ.P. 37
Rule 33 - Interrogatories to Parties
Fed. R. Civ. P. 33 Cited 11,420 times 22 Legal Analyses
Adopting Rule 30(b)
Section 1051 - Application for registration; verification
15 U.S.C. § 1051 Cited 3,916 times 126 Legal Analyses
Requiring a filing of a Statement of Use to register a mark
Section 1127 - Construction and definitions; intent of chapter
15 U.S.C. § 1127 Cited 3,041 times 99 Legal Analyses
Granting standing under § 1114 to the legal representative of the registrant of a trademark

Major League Baseball Properties, Inc. v. Christopher Webb

17 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"

Holding that intent may be proven circumstantially, "[b]ut such evidence must still be clear and convincing, and inferences drawn from lesser evidence cannot satisfy the deceptive intent requirement"

Holding that an applicant commits fraud when it knowingly makes false, material representations of fact with an intent to deceive the PTO

Finding similarity between LASER for golf clubs and golf balls and LASERSWING for golf practice devices, and noting that "the term ‘swing’ is both common and descriptive" and therefore "may be given little weight in reaching a conclusion on likelihood of confusion"

Holding that applicant's preparation to use the mark was insufficient to constitute use in commerce

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

Holding that PTO may deny registration if applicant has deceived consumers or competitors

In White, this court affirmed a decision of the Board refusing to register the mark “THE ROMULANS” to the applicant (the principal member of a rock-and-roll band called “The Romulans”) for promotional connect-the-dots games.

Holding that third-party evidence should not be disregarded in evaluating the strength of a mark for purposes of determining the likelihood of confusion

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

Adopting Fed.R.Civ.P. 37

Adopting Rule 30(b)

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

Granting standing under § 1114 to the legal representative of the registrant of a trademark