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Spanishtown Enterprises, Inc. v. Transcend Resources, Inc.

92070340 (T.T.A.B. Jun. 22, 2021)
Spanishtown Enterprises, Inc. v. Transcend Resources, Inc.

24 Cited authorities

  1. Celotex Corp. v. Catrett

    477 U.S. 317 (1986)   Cited 220,657 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. Lexmark Int'l, Inc. v. Static Control Components, Inc.

    572 U.S. 118 (2014)   Cited 3,011 times   73 Legal Analyses
    Holding that the respondent could not "obtain relief" under § 1125 "without evidence of injury proximately caused by [the petitioner's] alleged misrepresentations"

  3. Coach Services, Inc. v. Triumph Learning LLC

    668 F.3d 1356 (Fed. Cir. 2012)   Cited 108 times   4 Legal Analyses
    Holding that it is the opposer's burden to prove fame of its mark

  4. Sheet Metal Workers' International Ass'n Local Union No. 359 v. Madison Industries, Inc.

    84 F.3d 1186 (9th Cir. 1996)   Cited 145 times
    Holding that an arbitrator is entitled to great deference in interpreting the CBA; in fact, he is not bound even by precedent or the record before him

  5. Commodores Entm't Corp. v. McClary

    879 F.3d 1114 (11th Cir. 2018)   Cited 72 times   1 Legal Analyses
    Describing the inadmissibility of expert testimony amounting to legal conclusions and instructing district courts to "take 'adequate steps to protect against the danger that [an] expert's opinion would be accepted as a legal conclusion.'"

  6. Gasser Chair Co. v. Infanti Chair Manufacturing Corp.

    60 F.3d 770 (Fed. Cir. 1995)   Cited 122 times
    Holding that the trigger for delay begins when the plaintiff's "right ripens into one entitled to protection"

  7. In re DBC

    545 F.3d 1373 (Fed. Cir. 2008)   Cited 62 times   4 Legal Analyses
    Holding the plaintiffs waived their Appointments Clause challenge to two panel members of the United States Patent and Trademark Office Board of Patent Appeals "by failing to raise it before the Board"

  8. Australian Therapeutic Supplies Pty. v. Naked TM, LLC

    965 F.3d 1370 (Fed. Cir. 2020)   Cited 10 times   1 Legal Analyses
    Concluding that a petitioner did not have a valid cause of action because it was precluded by a prior settlement agreement

  9. Corcamore, LLC v. SFM, LLC

    978 F.3d 1298 (Fed. Cir. 2020)   Cited 9 times   3 Legal Analyses
    Holding that Lexmark controls the statutory cause of action analysis under § 1064

  10. Del Tabaco v. Gen. Cigar Co.

    753 F.3d 1270 (Fed. Cir. 2014)   Cited 14 times   5 Legal Analyses
    Holding that appellant demonstrated entitlement to a "statutory cause of action" under the Lanham Act

  11. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 336,206 times   161 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

  12. Rule 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 40,018 times   334 Legal Analyses
    Requiring that fraud be pleaded with particularity

  13. Rule 17 - Plaintiff and Defendant; Capacity; Public Officers

    Fed. R. Civ. P. 17   Cited 9,536 times   23 Legal Analyses
    Providing that, for this type of entity, "[c]apacity to sue or be sued is determined . . . by the law of the state where the court is located"

  14. Rule 602 - Need for Personal Knowledge

    Fed. R. Evid. 602   Cited 3,617 times   13 Legal Analyses
    Stating that " witness may testify only if evidence is introduced sufficient to support a finding that the witness has personal knowledge of the matter"

  15. Section 1127 - Construction and definitions; intent of chapter

    15 U.S.C. § 1127   Cited 3,015 times   98 Legal Analyses
    Granting standing under § 1114 to the legal representative of the registrant of a trademark

  16. Section 1057 - Certificates of registration

    15 U.S.C. § 1057   Cited 1,043 times   5 Legal Analyses
    Providing that a certificate of registration is prima facie evidence of an owner's right to use the mark

  17. Section 1064 - Cancellation of registration

    15 U.S.C. § 1064   Cited 917 times   50 Legal Analyses
    Allowing a petition to cancel a certification mark if the registered owner "discriminately refuses to certify" qualifying goods or services

  18. Section 1063 - Opposition to registration

    15 U.S.C. § 1063   Cited 147 times   19 Legal Analyses
    Identifying "dilution by blurring ... under section 1125(c) as a permissible grounds for opposition to a registration"

  19. Section 205 - Unfair competition and unlawful practices

    27 U.S.C. § 205   Cited 120 times   11 Legal Analyses
    Prohibiting exclusivity agreements between wholesalers and retailers

  20. Section 4.50 - Certificates of label approval

    27 C.F.R. § 4.50   Cited 7 times

    (a) No person shall bottle or pack wine, other than wine bottled or packed in U.S. Customs custody, or remove such wine from the plant where bottled or packed, unless an approved certificate of label approval, TTB Form 5100.31, is issued by the appropriate TTB officer. (b) Any bottler or packer of wine shall be exempt from the requirements of this section if upon application the bottler or packer shows to the satisfaction of the appropriate TTB officer that the wine to be bottled or packed is not