12 Cited authorities
Celotex Corp. v. Catrett
477 U.S. 317 (1986) Cited 220,657 times 41 Legal AnalysesHolding 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"
In re E. I. DuPont DeNemours & Co.
476 F.2d 1357 (C.C.P.A. 1973) Cited 190 times 32 Legal AnalysesReciting thirteen factors to be considered, referred to as "DuPont factors"
T.A.B. Systems v. Pactel Teletrac
77 F.3d 1372 (Fed. Cir. 1996) Cited 29 times 1 Legal AnalysesFinding that press releases, slide show presentations, brochures, and news articles were insufficient to establish analogous use trademark rights where the evidence presented did not support an inference that "a substantial share of the consuming public had been reached" or that "the consuming public came to identify" the mark with defendant's services
Octocom Systems v. Houston Computer Services
918 F.2d 937 (Fed. Cir. 1990) Cited 28 timesNo. 90-1196. November 2, 1990. Brian M. Dingman, Law Offices of Joseph S. Iandiorio, Waltham, Mass., argued for appellant. With him on the brief was Joseph S. Iandiorio. J. Paul Williamson, Arnold, White Durkee, Arlington, Va., argued for appellee. Appeal from the Patent and Trademark Office, Trademark Trial and Appeal Board. Before NIES, Chief Judge, ARCHER and CLEVENGER, Circuit Judges. NIES, Chief Judge. Octocom Systems, Inc. (OSI), appeals from the final decision of the U.S. Patent and Trademark
Opryland USA v. Great American Music Show
970 F.2d 847 (Fed. Cir. 1992) Cited 24 timesIn Opryland, Opryland USA opposed the registration of "THE CAROLINA OPRY," arguing that the term was confusingly similar to Opryland's own marks.
Olde Tyme Foods, Inc. v. Roundy's, Inc.
961 F.2d 200 (Fed. Cir. 1992) Cited 12 timesStating 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"
Kangol Ltd. v. Kangaroos U.S.A., Inc.
974 F.2d 161 (Fed. Cir. 1992) Cited 11 timesNo. 92-1059. August 31, 1992. James M. Wetzel, Chicago, Ill., argued for appellant. With him on the brief was Joanne M. Dennison, Chicago, Ill. Paul M. Denk, St. Louis, Mo., argued for appellee. Appeal from the Trademark Trial and Appeal Board. Before RICH, NEWMAN, and RADER, Circuit Judges. RICH, Circuit Judge. Kangol Limited (Kangol) appeals from the August 21, 1991, decision of the Trademark Trial and Appeal Board (TTAB) sustaining KangaROOS U.S.A., Inc.'s (Kangaroos) Opposition No. 80,228. Kangaroos
Canadian Imperial Bank v. Wells Fargo Bank
811 F.2d 1490 (Fed. Cir. 1987) Cited 13 timesAffirming likelihood of confusion
Wincharger Corporation v. Rinco, Inc.
297 F.2d 261 (C.C.P.A. 1962) Cited 17 timesIn Wincharger Corp. v. Rinco, Inc., 297 F.2d 261 (C.C.P.A. 1962), for example, which concerned the sophistication of technicians in the field of electrical devices, the court stated that while technicians are "a discriminating group of people [b]eing skilled in their own art does not necessarily preclude their mistaking one trademark for another...."
Rule 56 - Summary Judgment
Fed. R. Civ. P. 56 Cited 336,206 times 161 Legal AnalysesHolding a party may move for summary judgment on any part of any claim or defense in the lawsuit
Rule 6 - Computing and Extending Time; Time for Motion Papers
Fed. R. Civ. P. 6 Cited 51,338 times 24 Legal AnalysesHolding that "if the last day [of a period] is a Saturday, Sunday, or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday."
Rule 30 - Depositions by Oral Examination
Fed. R. Civ. P. 30 Cited 16,823 times 134 Legal AnalysesUpholding a district court's decision not to consider the plaintiff's deposition errata sheets in opposition to a motion for summary judgment when they were untimely