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Royal BodyCare, Inc. v. Miracle Minerals, Inc.

No. 92030109 (T.T.A.B. Apr. 19, 2001)
Royal BodyCare, Inc. v. Miracle Minerals, Inc.

9 Cited authorities

  1. Celotex Corp. v. Catrett

    477 U.S. 317 (1986)   Cited 221,438 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. 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"

  5. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 337,500 times   161 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

  6. Rule 36 - Requests for Admission

    Fed. R. Civ. P. 36   Cited 6,352 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to a Rule 36 discovery request are "conclusively established unless the court, on motion, permits the admission to be withdrawn or amended"

  7. Section 1051 - Application for registration; verification

    15 U.S.C. § 1051   Cited 3,905 times   126 Legal Analyses
    Requiring a filing of a Statement of Use to register a mark

  8. Section 1057 - Certificates of registration

    15 U.S.C. § 1057   Cited 1,048 times   5 Legal Analyses
    Providing that a certificate of registration is prima facie evidence of an owner's right to use the mark

  9. Section 1064 - Cancellation of registration

    15 U.S.C. § 1064   Cited 922 times   51 Legal Analyses
    Allowing a petition to cancel a certification mark if the registered owner "discriminately refuses to certify" qualifying goods or services