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Method Pharmaceuticals, LLC v. Pharma 101, LLC

92068970 (T.T.A.B. Aug. 17, 2020)
Method Pharmaceuticals, LLC v. Pharma 101, LLC

26 Cited authorities

  1. Lexmark Int'l, Inc. v. Static Control Components, Inc.

    572 U.S. 118 (2014)   Cited 3,067 times   74 Legal Analyses
    Holding that the respondent could not "obtain relief" under § 1125 "without evidence of injury proximately caused by [the petitioner's] alleged misrepresentations"

  2. Kramer v. Time Warner Inc.

    937 F.2d 767 (2d Cir. 1991)   Cited 2,060 times   1 Legal Analyses
    Holding that the Court may consider matters of which judicial notice may be taken under Federal Rule of Evidence 201

  3. In re NAHC, Inc. Securities Litigation

    306 F.3d 1314 (3d Cir. 2002)   Cited 724 times   1 Legal Analyses
    Holding that an amendment was futile because the claims would be barred by the statute of limitations

  4. Coach Services, Inc. v. Triumph Learning LLC

    668 F.3d 1356 (Fed. Cir. 2012)   Cited 109 times   4 Legal Analyses
    Holding that it is the opposer's burden to prove fame of its mark

  5. On-Line Careline, Inc. v. America Online

    229 F.3d 1080 (Fed. Cir. 2000)   Cited 77 times
    Applying Recot in analyzing the similarity of services

  6. Enzo Biochem, Inc. v. Gen-Probe Inc.

    424 F.3d 1276 (Fed. Cir. 2005)   Cited 62 times   1 Legal Analyses
    Finding that attorney argument did not demonstrate a genuine issue of material fact sufficient to avoid summary judgment

  7. Imperial Tobacco v. Philip Morris, Inc.

    899 F.2d 1575 (Fed. Cir. 1990)   Cited 88 times   5 Legal Analyses
    Finding that promotional use of a mark on “incidental products” like whiskey, pens, watches, sunglasses, and food did not constitute use of mark for cigarettes

  8. Yarrington v. Solvay Pharmaceuticals, Inc.

    697 F. Supp. 2d 1057 (D. Minn. 2010)   Cited 36 times
    Finding $5,445,000 in attorneys' fees, representing 33% of settlement fund, to be in line with fees approved by Eighth Circuit

  9. 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.”

  10. Tracinda Corp. v. DaimlerChrysler AG

    362 F. Supp. 2d 487 (D. Del. 2005)   Cited 29 times
    Finding the deposition testimony at issue admissible under Rule 804(b) as former testimony because the testimony had guarantees of trustworthiness as it was given under oath and defendants had the opportunity to test the accuracy of the deponent's statements

  11. Rule 11 - Signing Pleadings, Motions, and Other Papers; Representations to the Court; Sanctions

    Fed. R. Civ. P. 11   Cited 37,636 times   151 Legal Analyses
    Holding an "unrepresented party" to the same standard as an attorney

  12. Rule 801 - Definitions That Apply to This Article; Exclusions from Hearsay

    Fed. R. Evid. 801   Cited 19,730 times   77 Legal Analyses
    Holding that such a statement must merely be made by the party and offered against that party

  13. Rule 803 - Exceptions to the Rule Against Hearsay-Regardless of Whether the Declarant Is Available as a Witness

    Fed. R. Evid. 803   Cited 13,080 times   85 Legal Analyses
    Recognizing exception to rule against hearsay for records of regularly conducted activities

  14. Section 1001 - Statements or entries generally

    18 U.S.C. § 1001   Cited 7,549 times   308 Legal Analyses
    Making false statements

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

    15 U.S.C. § 1127   Cited 3,036 times   99 Legal Analyses
    Granting standing under § 1114 to the legal representative of the registrant of a trademark

  16. Rule 807 - Residual Exception

    Fed. R. Evid. 807   Cited 1,632 times   11 Legal Analyses
    Requiring "sufficient guarantees of trustworthiness" under the residual exception to the hearsay rule

  17. Section 1064 - Cancellation of registration

    15 U.S.C. § 1064   Cited 926 times   51 Legal Analyses
    Allowing a petition to cancel a certification mark if the registered owner "discriminately refuses to certify" qualifying goods or services

  18. Section 1063 - Opposition to registration

    15 U.S.C. § 1063   Cited 148 times   19 Legal Analyses
    Identifying "dilution by blurring ... under section 1125(c) as a permissible grounds for opposition to a registration"