The Old Fashion Candy Co., Inc. v. FUNraise, Inc.

19 Cited authorities

Celotex Corp. v. Catrett
477 U.S. 317 (1986) Cited 223,052 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"
Brown v. Felsen
442 U.S. 127 (1979) Cited 2,347 times 1 Legal Analyses
Holding that "[r]es judicata prevents litigation of all grounds for, or defenses to, recovery that were previously available to the parties, regardless of whether they were asserted or determined in the prior proceeding."
Morris v. Jones
329 U.S. 545 (1947) Cited 268 times
Holding that a default judgment constitutes a decision on the merits for res judicata purposes
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
Young Engineers v. U.S. Intern. Trade Com'n
721 F.2d 1305 (Fed. Cir. 1983) Cited 103 times 3 Legal Analyses
Holding that a previous final judgment on a claim extinguishes "all rights of the plaintiff to remedies against the defendant with respect to all or any part of the transaction, or series of connected transactions, out of which the action" arose
Ritchie v. Simpson
170 F.3d 1092 (Fed. Cir. 1999) Cited 48 times 1 Legal Analyses
Finding “real interest” is shown by “a direct and personal stake in the outcome” or a “legitimate personal interest.”
Hewlett-Packard Co. v. Packard Press, Inc.
281 F.3d 1261 (Fed. Cir. 2002) Cited 34 times
Holding that a registration for “electronic transmission of data and documents via computer terminals” is “closely related” to a registration “covering facsimile machines, computers, and computer software”
Del Tabaco v. Gen. Cigar Co.
753 F.3d 1270 (Fed. Cir. 2014) Cited 16 times 5 Legal Analyses
Holding that appellant demonstrated entitlement to a "statutory cause of action" under the Lanham Act
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.
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
Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing
Fed. R. Civ. P. 12 Cited 367,253 times 968 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Rule 56 - Summary Judgment
Fed. R. Civ. P. 56 Cited 340,287 times 164 Legal Analyses
Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit
Rule 42 - Consolidation; Separate Trials
Fed. R. Civ. P. 42 Cited 9,818 times 24 Legal Analyses
Granting court's authority to consolidate related cases or "issue any other orders to avoid unnecessary cost or delay."
Section 1052 - Trademarks registrable on principal register; concurrent registration
15 U.S.C. § 1052 Cited 1,615 times 274 Legal Analyses
Granting authority to refuse registration to a trademark that so resembles a registered mark "as to be likely, when used on or in connection with the goods of the applicant, to cause confusion, or to cause mistake, or to deceive"
Section 1068 - Action of Director in interference, opposition, and proceedings for concurrent use registration or for cancellation
15 U.S.C. § 1068 Cited 25 times 3 Legal Analyses
Stating that, in such proceedings, the Patent and Trademark Office may "modify the application or registration by limiting the goods or services specified therein"

The Old Fashion Candy Co., Inc. v. FUNraise, Inc.

19 Cited authorities

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"

Holding that "[r]es judicata prevents litigation of all grounds for, or defenses to, recovery that were previously available to the parties, regardless of whether they were asserted or determined in the prior proceeding."

Holding that a default judgment constitutes a decision on the merits for res judicata purposes

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

Holding that a previous final judgment on a claim extinguishes "all rights of the plaintiff to remedies against the defendant with respect to all or any part of the transaction, or series of connected transactions, out of which the action" arose

Finding “real interest” is shown by “a direct and personal stake in the outcome” or a “legitimate personal interest.”

Holding that a registration for “electronic transmission of data and documents via computer terminals” is “closely related” to a registration “covering facsimile machines, computers, and computer software”

Holding that appellant demonstrated entitlement to a "statutory cause of action" under the Lanham Act

In Opryland, Opryland USA opposed the registration of "THE CAROLINA OPRY," arguing that the term was confusingly similar to Opryland's own marks.

Holding that third-party evidence should not be disregarded in evaluating the strength of a mark for purposes of determining the likelihood of confusion

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

Granting court's authority to consolidate related cases or "issue any other orders to avoid unnecessary cost or delay."

Granting authority to refuse registration to a trademark that so resembles a registered mark "as to be likely, when used on or in connection with the goods of the applicant, to cause confusion, or to cause mistake, or to deceive"

Stating that, in such proceedings, the Patent and Trademark Office may "modify the application or registration by limiting the goods or services specified therein"