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Odom’s Tennessee Pride Sausage, Inc. v. FF Acquisition, LLC

No. 91182173 (T.T.A.B. Apr. 17, 2009)
Odom’s Tennessee Pride Sausage, Inc. v. FF Acquisition, LLC

7 Cited authorities

  1. Celotex Corp. v. Catrett

    477 U.S. 317 (1986)   Cited 221,701 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"

  2. 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.

  3. 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

  4. Roederer v. Delicato Vineyards

    148 F.3d 1373 (Fed. Cir. 1998)   Cited 8 times
    Holding that one factor can be dispositive

  5. Kellogg Co. v. Pack'em Enterprises, Inc.

    951 F.2d 330 (Fed. Cir. 1991)   Cited 14 times
    Concluding that “substantial and undisputed differences” between the parties' use of FROOTEE ICE and FROOT LOOPS warranted summary judgment because “the dissimilarity of the marks in their entireties itself made it unlikely that confusion would result from the simultaneous use of the marks”

  6. Morehouse Mfg. Corp. v. J. Strickland

    407 F.2d 881 (C.C.P.A. 1969)   Cited 37 times   1 Legal Analyses
    In Morehouse Mfg. Corp. v. J. Strickland Co., 407 F.2d 881, 888-89, 160 USPQ 715, 721 (CCPA 1969) the court stated that false suggestion requires the existence of likelihood of confusion.

  7. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 337,928 times   161 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit