The PNC Financial Services Group, Inc. v. Keith Alexander Ashe dba Spendology and Spendology LLC joined as party defendant

20 Cited authorities

Brookfield Communications, Inc. v. West Coast Entertainment Corp.
174 F.3d 1036 (9th Cir. 1999) Cited 1,085 times 9 Legal Analyses
Holding mark use was not sufficiently public when used in a website domain and in "limited correspondence with lawyers and a few customers"
Rescuecom Corp. v. Google Inc.
562 F.3d 123 (2d Cir. 2009) Cited 228 times 8 Legal Analyses
Holding that Google's use of the plaintiff's trademark as a keyword to trigger the display of the advertiser's copy on Google's search results page and as a suggestion to advertisers as a keyword they might purchase were sufficient to satisfy the “use in commerce” requirement
Mingus Constructors, Inc. v. U.S.
812 F.2d 1387 (Fed. Cir. 1987) Cited 366 times 1 Legal Analyses
Finding that letters indicating an intent to file a claim in the future for an unspecified amount were not claims as defined by the contract where the contractual definition of claim was substantially the same as the FAR definition: "a written demand or assertion by one of the parties seeking, as a legal right, the payment of money, adjustment or interpretation of contract terms, or other relief, arising under or relating to this contract"
Foreword Magazine, Inc. v. Overdrive, Inc.
Case No. 1:10-cv-1144 (W.D. Mich. Oct. 31, 2011) Cited 85 times
Finding “screen shots of Internet websites” authenticated on the basis of affidavits “along with other indicia of reliability (such as the Internet domain address and the date of printout)”
In re E. I. DuPont DeNemours & Co.
476 F.2d 1357 (C.C.P.A. 1973) Cited 188 times 30 Legal Analyses
Reciting thirteen factors to be considered, referred to as "DuPont factors"
Cunningham v. Laser Golf Corp.
222 F.3d 943 (Fed. Cir. 2000) Cited 72 times 3 Legal Analyses
Finding similarity between LASER for golf clubs and golf balls and LASERSWING for golf practice devices, and noting that "the term ‘swing’ is both common and descriptive" and therefore "may be given little weight in reaching a conclusion on likelihood of confusion"
Herbko Intern., Inc. v. Kappa Books, Inc.
308 F.3d 1156 (Fed. Cir. 2002) Cited 45 times
Explaining that proprietary rights are necessary to show priority of use when petitioning for cancellation under section 2(d)
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.”
Akers v. Beal Bank
845 F. Supp. 2d 238 (D.D.C. 2012) Cited 27 times
Explaining that “the nonmoving party ... may not rely solely on allegations or conclusory statements. Rather, the nonmoving party must present specific facts that would enable a reasonable jury to find in its favor”
Lipton Industries, Inc. v. Ralston Purina
670 F.2d 1024 (C.C.P.A. 1982) Cited 57 times
Holding that admission contained in an answer was binding, despite the fact that it was made "on information and belief"
Rule 56 - Summary Judgment
Fed. R. Civ. P. 56 Cited 330,364 times 158 Legal Analyses
Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit
Section 1052 - Trademarks registrable on principal register; concurrent registration
15 U.S.C. § 1052 Cited 1,585 times 272 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"

The PNC Financial Services Group, Inc. v. Keith Alexander Ashe dba Spendology and Spendology LLC joined as party defendant

20 Cited authorities

Holding mark use was not sufficiently public when used in a website domain and in "limited correspondence with lawyers and a few customers"

Holding that Google's use of the plaintiff's trademark as a keyword to trigger the display of the advertiser's copy on Google's search results page and as a suggestion to advertisers as a keyword they might purchase were sufficient to satisfy the “use in commerce” requirement

Finding “screen shots of Internet websites” authenticated on the basis of affidavits “along with other indicia of reliability (such as the Internet domain address and the date of printout)”

Reciting thirteen factors to be considered, referred to as "DuPont factors"

Finding similarity between LASER for golf clubs and golf balls and LASERSWING for golf practice devices, and noting that "the term ‘swing’ is both common and descriptive" and therefore "may be given little weight in reaching a conclusion on likelihood of confusion"

Explaining that proprietary rights are necessary to show priority of use when petitioning for cancellation under section 2(d)

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

Explaining that “the nonmoving party ... may not rely solely on allegations or conclusory statements. Rather, the nonmoving party must present specific facts that would enable a reasonable jury to find in its favor”

Holding that admission contained in an answer was binding, despite the fact that it was made "on information and belief"

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

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"