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Sophia Stewart v. Warner Bros. Entertainment Inc.

No. 92058387 (T.T.A.B. Feb. 5, 2015)
Sophia Stewart v. Warner Bros. Entertainment Inc.

22 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 255,693 times   280 Legal Analyses
    Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 269,419 times   367 Legal Analyses
    Holding that a complaint's allegations should "contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face' "

  3. Celotex Corp. v. Catrett

    477 U.S. 317 (1986)   Cited 217,235 times   40 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"

  4. In re Bose Corp.

    580 F.3d 1240 (Fed. Cir. 2009)   Cited 161 times   13 Legal Analyses
    Holding that an applicant commits fraud when it knowingly makes false, material representations of fact with an intent to deceive the PTO

  5. Sweats Fashions v. Pannill Knitting Co.

    833 F.2d 1560 (Fed. Cir. 1987)   Cited 163 times
    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."

  6. Ritchie v. Simpson

    170 F.3d 1092 (Fed. Cir. 1999)   Cited 48 times   1 Legal Analyses
    Finding “real interest” is shown by “a direct and personal stake in the outcome” or a “legitimate personal interest.”

  7. Stewart v. Wachowski

    574 F. Supp. 2d 1074 (C.D. Cal. 2005)   Cited 36 times
    Finding that evidence in the form of unauthenticated "web page documents" could not be considered on summary judgment motion

  8. Lipton Industries, Inc. v. Ralston Purina

    670 F.2d 1024 (C.C.P.A. 1982)   Cited 57 times
    Holding that admission contained in an answer was binding, despite the fact that it was made "on information and belief"

  9. Stephen Slesinger, Inc. v. Disney Enters., Inc.

    702 F.3d 640 (Fed. Cir. 2012)   Cited 9 times

    No. 2011–1593. 2012-12-21 STEPHEN SLESINGER, INC., Appellant, v. DISNEY ENTERPRISES, INC., Appellee. Roger L. Zissu, Fross Zelnick Lehrman & Zissu, P.C., of New York, N.Y. argued for appellant. With him on the brief were David Donahue and Michael Chiappetta. Of counsel was Richard Z. Lehv. Daniel M. Petrocelli, O'Melveny & Myers LLP, of Los Angeles, CA, argued for appellee. With him on the brief were Cassandra L. Seto; and Mark E. Miller, of San Francisco, CA. RADER Roger L. Zissu, Fross Zelnick

  10. 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

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

    Fed. R. Civ. P. 12   Cited 349,026 times   931 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  12. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 330,300 times   158 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

  13. Section 1915 - Proceedings in forma pauperis

    28 U.S.C. § 1915   Cited 292,500 times   38 Legal Analyses
    Holding that, after a plaintiff is granted in forma pauperis status, "the court shall dismiss the case at any time if the court determines that . . . the action or appeal . . . fails to state a claim on which relief may be granted"

  14. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 157,899 times   196 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  15. Rule 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 39,155 times   321 Legal Analyses
    Requiring that fraud be pleaded with particularity

  16. Section 1064 - Cancellation of registration

    15 U.S.C. § 1064   Cited 888 times   48 Legal Analyses
    Allowing a petition to cancel a certification mark if the registered owner "discriminately refuses to certify" qualifying goods or services