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

92070340 (T.T.A.B. Nov. 23, 2020)
Spanishtown Enterprises, Inc. v. Transcend Resources, Inc.

16 Cited authorities

  1. Celotex Corp. v. Catrett

    477 U.S. 317 (1986)   Cited 223,148 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"

  2. Lexmark Int'l, Inc. v. Static Control Components, Inc.

    572 U.S. 118 (2014)   Cited 3,114 times   74 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. Seay v. Tennessee Valley Authority

    339 F.3d 454 (6th Cir. 2003)   Cited 467 times
    Holding that fellow employees were not "similarly situated" for purposes of disparate treatment claim because they engaged in different conduct, justifying differential treatment

  4. Metro Traffic Control v. Shadow Network

    104 F.3d 336 (Fed. Cir. 1997)   Cited 55 times
    Holding that third party may petition to cancel fraudulently obtained trademark registration

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

    965 F.3d 1370 (Fed. Cir. 2020)   Cited 12 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

  6. Corcamore, LLC v. SFM, LLC

    978 F.3d 1298 (Fed. Cir. 2020)   Cited 10 times   3 Legal Analyses
    Holding that Lexmark controls the statutory cause of action analysis under § 1064

  7. Lipton Industries, Inc. v. Ralston Purina

    670 F.2d 1024 (C.C.P.A. 1982)   Cited 58 times
    Holding that admission contained in an answer was binding, despite the fact that it was made "on information and belief"

  8. West Florida Seafood, Inc. v. Jet Restaurants

    31 F.3d 1122 (Fed. Cir. 1994)   Cited 21 times
    Recognizing that separate corporate, business and personal entities that operate as a single entity in the eyes of the consuming public may be treated as such for trademark purposes

  9. Stock Pot Restaurant, Inc. v. Stockpot, Inc.

    737 F.2d 1576 (Fed. Cir. 1984)   Cited 33 times
    In Stock Pot, the appellee was a dissolved Massachusetts corporation at the time it filed suit and therefore did not have capacity to sue under Massachusetts law.

  10. Kellogg Co. v. Pack'em Enterprises, Inc.

    951 F.2d 330 (Fed. Cir. 1991)   Cited 14 times
    Concluding that “substantial and undisputed differences” between the parties' use of FROOTEE ICE and FROOT LOOPS warranted summary judgment because “the dissimilarity of the marks in their entireties itself made it unlikely that confusion would result from the simultaneous use of the marks”

  11. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 340,444 times   164 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 40,579 times   342 Legal Analyses
    Requiring that fraud be pleaded with particularity

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

    Fed. R. Civ. P. 17   Cited 9,809 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 902 - Evidence That Is Self-Authenticating

    Fed. R. Evid. 902   Cited 2,254 times   35 Legal Analyses
    Allowing authentication of domestic records of regularly conducted activity "by a certification of the custodian or another qualified person"

  15. Section 1063 - Opposition to registration

    15 U.S.C. § 1063   Cited 149 times   19 Legal Analyses
    Identifying "dilution by blurring ... under section 1125(c) as a permissible grounds for opposition to a registration"