Paramount Baking Co., Inc. v. American Bakery Products, Inc.

8 Cited authorities

  1. Celotex Corp. v. Catrett

    477 U.S. 317 (1986)   Cited 221,661 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. H. Marvin Ginn Corp. v. International Ass'n of Fire Chiefs, Inc.

    782 F.2d 987 (Fed. Cir. 1986)   Cited 46 times   8 Legal Analyses
    Reversing decision of TTAB that "Fire Chief," as applied to monthly magazine circulated to fire departments, was generic
  3. 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.
  4. 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
  5. 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"
  6. In re Montrachet S.A

    878 F.2d 375 (Fed. Cir. 1989)   Cited 5 times   1 Legal Analyses

    No. 89-1114. June 30, 1989. John J. McGlew, McGlew Tuttle, P.C., New York City, argued for appellant. Nancy Slutter, Associate Sol., Office of the Sol., Arlington, Va., argued for appellee. With her on the brief was Fred E. McKelvey, Sol. Appeal from the Patent and Trademark Office Trademark Trial and Appeal Board. Before MARKEY, Chief Judge, SKELTON, Senior Circuit Judge, and NEWMAN, Circuit Judge. PAULINE NEWMAN, Circuit Judge. Appellant Montrachet S.A., a French company, appeals the decision of

  7. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 337,863 times   161 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit
  8. Section 1064 - Cancellation of registration

    15 U.S.C. § 1064   Cited 923 times   51 Legal Analyses
    Allowing a petition to cancel a certification mark if the registered owner "discriminately refuses to certify" qualifying goods or services