Nebraska Brewing Co. v. Emerald City Beer Company, LLC

15 Cited authorities

Celotex Corp. v. Catrett
477 U.S. 317 (1986) Cited 223,052 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"
Sweats Fashions v. Pannill Knitting Co.
833 F.2d 1560 (Fed. Cir. 1987) Cited 163 times
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."
Coach House Rest. v. Coach and Six Rest
934 F.2d 1551 (11th Cir. 1991) Cited 146 times
Holding that a likelihood of confusion furnishes one ground for cancelling a registration
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.”
Lipton Industries, Inc. v. Ralston Purina
670 F.2d 1024 (C.C.P.A. 1982) Cited 58 times
Holding that admission contained in an answer was binding, despite the fact that it was made "on information and belief"
T.A.B. Systems v. Pactel Teletrac
77 F.3d 1372 (Fed. Cir. 1996) Cited 29 times 1 Legal Analyses
Finding that press releases, slide show presentations, brochures, and news articles were insufficient to establish analogous use trademark rights where the evidence presented did not support an inference that "a substantial share of the consuming public had been reached" or that "the consuming public came to identify" the mark with defendant's services
Opryland USA v. Great American Music Show
970 F.2d 847 (Fed. Cir. 1992) Cited 24 times
In Opryland, Opryland USA opposed the registration of "THE CAROLINA OPRY," arguing that the term was confusingly similar to Opryland's own marks.
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
Olde Tyme Foods, Inc. v. Roundy's, Inc.
961 F.2d 200 (Fed. Cir. 1992) Cited 12 times
Stating that "[a]s to strength of a mark . . . [third-party] registration evidence may not be given any weight . . . [because they are] not evidence of what happens in the market place"
Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing
Fed. R. Civ. P. 12 Cited 367,253 times 968 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Rule 56 - Summary Judgment
Fed. R. Civ. P. 56 Cited 340,287 times 164 Legal Analyses
Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit
Rule 8 - General Rules of Pleading
Fed. R. Civ. P. 8 Cited 166,753 times 198 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Rule 36 - Requests for Admission
Fed. R. Civ. P. 36 Cited 6,429 times 13 Legal Analyses
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"

Nebraska Brewing Co. v. Emerald City Beer Company, LLC

15 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 a likelihood of confusion furnishes one ground for cancelling a registration

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

Holding that admission contained in an answer was binding, despite the fact that it was made "on information and belief"

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

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

Stating that "[a]s to strength of a mark . . . [third-party] registration evidence may not be given any weight . . . [because they are] not evidence of what happens in the market place"

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

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

Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

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"