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"

Rosetta Stone Ltd. v. Google, Inc.

Holding that where "17 percent of consumers demonstrate actual confusion ... result is clear evidence of actual confusion for purposes of summary judgment."

Coach Services, Inc. v. Triumph Learning LLC

Holding that it is the opposer's burden to prove fame of its mark

Nissan Motor Co. v. Nissan Computer Corp.

Holding that initial interest confusion occurs when a defendant uses a plaintiff's trademark in a way calculated to capture a consumer's attention and divert the consumer to the defendant's own Web site

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."

In re E. I. DuPont DeNemours & Co.

Reciting thirteen factors to be considered, referred to as "DuPont factors"

Juice Generation, Inc. v. GS Enterprises LLC

Determining that TTAB failed to adequately account for evidence of "a fair number of third-party uses" of similar marks by discounting the evidence for lack of "specifics regarding the extent of sales or promotional efforts surrounding the third-party marks"

Jack Wolfskin Ausrustung Fur Draussen GmbH & Co. KGAA v. New Millennium Sports, S.L.U.

Holding that the Board erred in giving little weight to evidence of registered third-party marks in actual use

Opryland USA v. Great American Music Show

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

Enterprises Rent-A-Car v. Advan. Rent-A-Car

In Enterprise Rent-A-Car Co. v. Advantage Rent-A-Car, Inc., 330 F.3d 1333, 1336 (Fed. Cir. 2003), Enterprise challenged Advantage's use of the phrase "We'll Even Pick You Up" in television commercials broadcast in San Antonio, Texas between 1992 and 1995 as diluting its own phrases "Pick the Company that Picks You Up" and "Pick Enterprise, We'll Pick You Up," which Enterprise began using in 1994.

Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

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

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

Rule 30 - Depositions by Oral Examination

Upholding a district court's decision not to consider the plaintiff's deposition errata sheets in opposition to a motion for summary judgment when they were untimely

Section 1125 - False designations of origin, false descriptions, and dilution forbidden

Holding "the person who asserts trade dress protection has the burden of proving that the matter sought to be protected is not functional"

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 1116 - Injunctive relief

Granting district courts the "power to grant injunctions, according to principles of equity . . ., to prevent the violation of any right" of the trademark owner

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 2.116 - Federal Rules of Civil Procedure

Making the federal rules of civil procedure generally applicable in TTAB proceedings

Section 2.142 - Time and manner of ex parte appeals