Sheila Lyons DVM v. American College of Veterinary Sports Medicine and Rehabilitation, Inc.

9 Cited authorities

Barmag Barmer Maschinenfabrik v. Murata Mach
731 F.2d 831 (Fed. Cir. 1984) Cited 276 times 1 Legal Analyses
Holding that mere allegations do not create a material issue of fact if the nonmovant cannot "point to an evidentiary conflict created on the record at least by a counter statement of a fact or facts set forth in detail in an affidavit by a knowledgeable affiant."
N.L.R.B. v. United Technologies Corp.
706 F.2d 1254 (2d Cir. 1983) Cited 262 times
Finding claims not precluded for these reasons
Lyons v. Am. Coll. of Veterinary Sports Med. & Rehab.
138 S. Ct. 366 (2017)
No. 17–353. 10-16-2017 Sheila LYONS, DVM, petitioner, v. The AMERICAN COLLEGE OF VETERINARY SPORTS MEDICINE AND REHABILITATION. Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied.
Lyons v. Am. Coll. of Veterinary Sports Med.
859 F.3d 1023 (Fed. Cir. 2017) Cited 7 times 1 Legal Analyses
Upholding decision of USPTO Trademark Trial and Appeal Board that defendant, rather than plaintiff, owned disputed trademark, even though plaintiff had registered the trademark and defendant had not, because defendant was first to use trademark in commerce
Mayer/Berkshire Corp. v. Berkshire Fashions, Inc.
424 F.3d 1229 (Fed. Cir. 2005) Cited 15 times 1 Legal Analyses
Vacating TTAB dismissal that was based on preclusive effect of district court infringement litigation
Opryland USA v. Great American Music Show
970 F.2d 847 (Fed. Cir. 1992) Cited 23 times
In Opryland, Opryland USA opposed the registration of "THE CAROLINA OPRY," arguing that the term was confusingly similar to Opryland's own marks.
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 56 - Summary Judgment
Fed. R. Civ. P. 56 Cited 330,364 times 158 Legal Analyses
Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

Sheila Lyons DVM v. American College of Veterinary Sports Medicine and Rehabilitation, Inc.

9 Cited authorities

Holding that mere allegations do not create a material issue of fact if the nonmovant cannot "point to an evidentiary conflict created on the record at least by a counter statement of a fact or facts set forth in detail in an affidavit by a knowledgeable affiant."

Finding claims not precluded for these reasons

Upholding decision of USPTO Trademark Trial and Appeal Board that defendant, rather than plaintiff, owned disputed trademark, even though plaintiff had registered the trademark and defendant had not, because defendant was first to use trademark in commerce

Vacating TTAB dismissal that was based on preclusive effect of district court infringement litigation

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

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"

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