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Southwest Specialty Food Inc. v. Crazy Uncle Jester’s Inferno World, LLC

No. 92060809 (T.T.A.B. Jun. 24, 2016)
Southwest Specialty Food Inc. v. Crazy Uncle Jester’s Inferno World, LLC

36 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 273,246 times   282 Legal Analyses
    Holding that courts are not required "to credit a complaint's conclusory statements without reference to its factual context"

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 285,898 times   371 Legal Analyses
    Holding that allegations of conduct that are merely consistent with wrongdoing do not state a claim unless "placed in a context that raises a suggestion of" such wrongdoing

  3. Celotex Corp. v. Catrett

    477 U.S. 317 (1986)   Cited 223,516 times   42 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. Foman v. Davis

    371 U.S. 178 (1962)   Cited 30,221 times   4 Legal Analyses
    Holding that an appeal was improperly dismissed when the record as a whole — including a timely but incomplete notice of appeal and a premature but complete notice — revealed the orders petitioner sought to appeal

  5. Parklane Hosiery Co. v. Shore

    439 U.S. 322 (1979)   Cited 4,328 times   8 Legal Analyses
    Holding that district courts have discretion to refuse to apply offensive non-mutual collateral estoppel against a defendant if such an application of the doctrine would be unfair

  6. Mingus Constructors, Inc. v. U.S.

    812 F.2d 1387 (Fed. Cir. 1987)   Cited 378 times   1 Legal Analyses
    Finding that letters indicating an intent to file a claim in the future for an unspecified amount were not claims as defined by the contract where the contractual definition of claim was substantially the same as the FAR definition: "a written demand or assertion by one of the parties seeking, as a legal right, the payment of money, adjustment or interpretation of contract terms, or other relief, arising under or relating to this contract"

  7. Computer Associates Int'l, Inc. v. Altai, Inc.

    126 F.3d 365 (2d Cir. 1997)   Cited 192 times   1 Legal Analyses
    Holding antisuit injunction improper where "not necessary to protect our jurisdiction or the integrity of our judgment"

  8. Morris v. Jones

    329 U.S. 545 (1947)   Cited 268 times
    Holding that a default judgment constitutes a decision on the merits for res judicata purposes

  9. 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."

  10. In re E. I. DuPont DeNemours & Co.

    476 F.2d 1357 (C.C.P.A. 1973)   Cited 195 times   33 Legal Analyses
    Reciting thirteen factors to be considered, referred to as "DuPont factors"

  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 368,488 times   970 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 341,037 times   164 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

  13. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 167,313 times   199 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  14. Rule 41 - Dismissal of Actions

    Fed. R. Civ. P. 41   Cited 118,728 times   205 Legal Analyses
    Holding that such dismissal "operates as an adjudication on the merits"

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

    15 U.S.C. § 1125   Cited 15,977 times   330 Legal Analyses
    Holding "the person who asserts trade dress protection has the burden of proving that the matter sought to be protected is not functional"

  16. Section 1052 - Trademarks registrable on principal register; concurrent registration

    15 U.S.C. § 1052   Cited 1,616 times   276 Legal Analyses
    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"

  17. Section 1057 - Certificates of registration

    15 U.S.C. § 1057   Cited 1,057 times   5 Legal Analyses
    Providing that a certificate of registration is prima facie evidence of an owner's right to use the mark