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STMicro-electronics, Inc. v. Nartron Corporation

No. 92042527 (T.T.A.B. May. 17, 2005)
STMicro-electronics, Inc. v. Nartron Corporation

11 Cited authorities

  1. Parklane Hosiery Co. v. Shore

    439 U.S. 322 (1979)   Cited 4,324 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

  2. Nartron Corp. v. Stmicroelectronics, Inc.

    305 F.3d 397 (6th Cir. 2002)   Cited 144 times   2 Legal Analyses
    Holding that composite term "smart power" is generic

  3. Jet, Inc. v. Sewage Aeration Systems

    223 F.3d 1360 (Fed. Cir. 2000)   Cited 79 times   2 Legal Analyses
    Concluding that the same cause of action can exist in two cases only where the same set of transactional facts are involved in those cases and that, where the transactional facts differ, the doctrine of claim preclusion does not apply

  4. Mothers Restaurant, v. Mama's Pizza, Inc.

    723 F.2d 1566 (Fed. Cir. 1983)   Cited 82 times   2 Legal Analyses
    Holding collateral estoppel may foreclose relitigation of issues that were "actually litigated" and determined in a prior law suit.

  5. International Order of Job's Daughters v. Lindeburg & Co.

    727 F.2d 1087 (Fed. Cir. 1984)   Cited 58 times   3 Legal Analyses
    Holding that under the doctrine of issue preclusion, the Ninth Circuit's earlier determination that a name and emblem did not serve as a trademark required cancellation of the registration

  6. Opryland USA v. Great American Music Show

    970 F.2d 847 (Fed. Cir. 1992)   Cited 24 times
    In Opryland, Opryland USA opposed the registration of "THE CAROLINA OPRY," arguing that the term was confusingly similar to Opryland's own marks.

  7. 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"

  8. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 340,613 times   164 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

  9. Section 362 - Automatic stay

    11 U.S.C. § 362   Cited 30,268 times   185 Legal Analyses
    Concluding that cause exists to lift the stay because no bankruptcy purpose would be served by keeping the stay in place

  10. Section 1064 - Cancellation of registration

    15 U.S.C. § 1064   Cited 934 times   51 Legal Analyses
    Allowing a petition to cancel a certification mark if the registered owner "discriminately refuses to certify" qualifying goods or services

  11. Section 1119 - Power of court over registration

    15 U.S.C. § 1119   Cited 849 times   13 Legal Analyses
    Granting the court the power in an action involving a registered mark to order the cancellation of a registration