Anderson v. Liberty Lobby, Inc.

Holding that summary judgment is not appropriate if "the dispute about a material fact is ‘genuine,’ that is, if the evidence is such that a reasonable jury could return a verdict for the nonmoving party"

Celotex Corp. v. Catrett

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"

American Automobile Ass'n v. AAA Legal Clinic of Jefferson Crooke, P.C.

Holding the district court erred in excluding defendant's responses to plaintiff's requests for admissions where plaintiff "included the admissions in its pretrial order as `undisputed issues of fact,' introduced the admissions into evidence at trial and relied on them in support of its case"

Sweats Fashions v. Pannill Knitting Co.

Finding that, on review of a grant of summary judgment in a USPTO opposition proceeding, "[opposer] would have us infer bad faith because of [registrant's] awareness of [opposer's] marks. However, an inference of 'bad faith' requires something more than mere knowledge of a prior similar mark. That is all the record here shows."

Cunningham v. Laser Golf Corp.

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

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

Ritchie v. Simpson

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

In re Viterra Inc.

Holding that "any minor differences in the sound of [X–Seed and XCEED marks for agricultural seeds] may go undetected by consumers and, therefore, would not be sufficient to distinguish the marks"

Australian Therapeutic Supplies Pty. v. Naked TM, LLC

Concluding that a petitioner did not have a valid cause of action because it was precluded by a prior settlement agreement

Corcamore, LLC v. SFM, LLC

Holding that Lexmark controls the statutory cause of action analysis under § 1064

Rule 56 - Summary Judgment

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

Rule 15 - Amended and Supplemental Pleadings

Finding that, per N.Y. C.P.L.R. § 1024, New York law provides a more forgiving principle for relation back in the context of naming John Doe defendants described with particularity in the complaint

Rule 6 - Computing and Extending Time; Time for Motion Papers

Holding that "if the last day [of a period] is a Saturday, Sunday, or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday."

Rule 36 - Requests for Admission

Noting that facts admitted pursuant to a Rule 36 discovery request are "conclusively established unless the court, on motion, permits the admission to be withdrawn or amended"

Section 1051 - Application for registration; verification

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

Section 1127 - Construction and definitions; intent of chapter

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

Section 1052 - Trademarks registrable on principal register; concurrent registration

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"

Section 2.127 - Motions