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M.S.B.H. Alliance, LLC v. Kabbalah Centre International, Inc.

No. 91201431 (T.T.A.B. Jul. 29, 2013)
M.S.B.H. Alliance, LLC v. Kabbalah Centre International, Inc.

13 Cited authorities

  1. Celotex Corp. v. Catrett

    477 U.S. 317 (1986)   Cited 223,148 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. In re Bayer

    488 F.3d 960 (Fed. Cir. 2007)   Cited 41 times   2 Legal Analyses
    Endorsing the use of internet evidence as admissible and competent evidence for evaluating a trademark

  3. In re Dial-A-Mattress Operating Corp.

    240 F.3d 1341 (Fed. Cir. 2001)   Cited 38 times   3 Legal Analyses
    Holding that 1–888–M–A–T–T–R–E–S–S “immediately conveys the impressions that a service relating to mattresses is available by calling the telephone number”

  4. In re Merrill Lynch, Pierce, Fenner, Smith

    828 F.2d 1567 (Fed. Cir. 1987)   Cited 58 times   4 Legal Analyses
    Holding applicant's incontestable registration of a service mark for "cash management account" did not automatically entitle applicant to registration of that mark for broader financial services

  5. In re Nett Designs, Inc.

    236 F.3d 1339 (Fed. Cir. 2001)   Cited 28 times
    Finding that prior registrations of marks including the term ULTIMATE "do not conclusively rebut the Board's finding that ULTIMATE is descriptive in the context of this mark"

  6. H. Marvin Ginn Corp. v. International Ass'n of Fire Chiefs, Inc.

    782 F.2d 987 (Fed. Cir. 1986)   Cited 47 times   8 Legal Analyses
    Reversing decision of TTAB that "Fire Chief," as applied to monthly magazine circulated to fire departments, was generic

  7. Magic Wand, Inc. v. RDB, Inc.

    940 F.2d 638 (Fed. Cir. 1991)   Cited 33 times   1 Legal Analyses
    Explaining that the Lanham Act is clear "that the relevant public for a genericness determination is the purchasing or consuming public"

  8. In re 1800Mattress.Com IP, LLC

    586 F.3d 1359 (Fed. Cir. 2009)   Cited 12 times   2 Legal Analyses
    Finding "MATTRESS.COM" generic in relation to online retail store services in the field of mattresses was supported by substantial evidence

  9. Bellsouth Corp. v. Datanational Corp.

    60 F.3d 1565 (Fed. Cir. 1995)   Cited 26 times
    Finding summary judgment appropriate where all evidence was "uncontested"

  10. 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

  11. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 340,444 times   164 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit