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TBC Brands, LLC Inc. v. Empire Publications, Inc.

No. 91184229 (T.T.A.B. Jun. 2, 2009)
TBC Brands, LLC Inc. v. Empire Publications, Inc.

13 Cited authorities

  1. Celotex Corp. v. Catrett

    477 U.S. 317 (1986)   Cited 221,665 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. Parklane Hosiery Co. v. Shore

    439 U.S. 322 (1979)   Cited 4,305 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

  3. 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."

  4. 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

  5. Nasalok Coat v. Nylok

    522 F.3d 1320 (Fed. Cir. 2008)   Cited 42 times   1 Legal Analyses
    Holding that petition for cancelation of trademark that had been awarded through default judgment was precluded because the petition's effect was to collaterally attack a judgment in an infringement action

  6. Sharp Kabushiki Kaisha v. Thinksharp, Inc.

    448 F.3d 1368 (Fed. Cir. 2006)   Cited 20 times
    Describing the three requirements for claim preclusion

  7. International Nutrition Co. v. Horphag Research, Ltd.

    220 F.3d 1325 (Fed. Cir. 2000)   Cited 23 times
    Stating that the term privity "is simply a shorthand way of saying that nonparty [i.e. , a party not named in a prior action] will be bound by the judgment in that action"

  8. 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.

  9. Lloyd's Food Products, Inc. v. Eli's, Inc.

    987 F.2d 766 (Fed. Cir. 1993)   Cited 18 times
    Holding that third-party evidence should not be disregarded in evaluating the strength of a mark for purposes of determining the likelihood of confusion

  10. 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"

  11. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 337,868 times   161 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit