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 1,125 times 10 Legal Analyses
Holding that use of competitor's trademark in metatags, which are not visible on a website, is actionable under the Lanham Act
Rescuecom Corp. v. Google Inc.
562 F.3d 123 (2d Cir. 2009) Cited 237 times 8 Legal Analyses
Holding that complaint regarding Google's AdWord's recommendation of plaintiff's trademark to plaintiff's competitors "adequately plead[ed] a use in commerce" under the Lanham Act
Mingus Constructors, Inc. v. U.S.
812 F.2d 1387 (Fed. Cir. 1987) Cited 375 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 90 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 191 times 33 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 76 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 47 times
Explaining that proprietary rights are necessary to show priority of use when petitioning for cancellation under section 2(d)
Akers v. Beal Bank
845 F. Supp. 2d 238 (D.D.C. 2012) Cited 29 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”
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.”
Hearts on Fire Co. v. Blue Nile, Inc.
603 F. Supp. 2d 274 (D. Mass. 2009) Cited 19 times 1 Legal Analyses
Finding the purchase of trademarks to trigger pop-up or banner advertisements is use in commerce
Rule 56 - Summary Judgment
Fed. R. Civ. P. 56 Cited 339,855 times 162 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 1,612 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"

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

20 Cited authorities

Holding that use of competitor's trademark in metatags, which are not visible on a website, is actionable under the Lanham Act

Holding that complaint regarding Google's AdWord's recommendation of plaintiff's trademark to plaintiff's competitors "adequately plead[ed] a use in commerce" under the Lanham Act

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)

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”

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

Finding the purchase of trademarks to trigger pop-up or banner advertisements is use in commerce

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"