Lucent Info. Management v. Lucent Technologies

Holding that, under the Lanham Act, filing an application for federal registration of a trademark confers priority in the mark except against a person who has used the mark prior to such filing

Doe v. Mutual of Omaha Ins. Co.

Herbko Intern., Inc. v. Kappa Books, Inc.

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

Blue Bell, Inc. v. Farah Mfg. Company, Inc.

Noting that a “single use in trade may sustain trademark rights if followed by continuous commercial utilization”

In re Nat. Data Corp.

Holding that a "likelihood of confusion cannot be predicated on dissection of a mark"

In re Dixie Restaurants, Inc.

Holding that DELTA is the dominant portion of the mark THE DELTA CAFÉ where the disclaimed word CAFÉ is descriptive of applicant's restaurant services

T.A.B. Systems v. Pactel Teletrac

Finding 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

McDonalds Corporation v. Burger King Corporation

Concluding that evidence of advertising expenditures did not raise triable issues of fact because it failed to show "that the use was sufficiently public to identify or distinguish the marked goods in an appropriate segment of the public mind as those of McDonald's or that the use had a substantial impact on the purchasing public"

Rule 8 - General Rules of Pleading

Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

Rule 15 - Amended and Supplemental Pleadings

Finding that, per N.Y. C.P.L.R. § 1024, New York law provides a more forgiving principle for relation back in the context of naming John Doe defendants described with particularity in the complaint

Rule 34 - Producing Documents, Electronically Stored Information, and Tangible Things, or Entering onto Land, for Inspection and Other Purposes

Finding that the rules related to electronic discovery were "not meant to create a routine right of direct access to a party's electronic information system, although such access may be justified in some circumstances."

Section 1052 - Trademarks registrable on principal register; concurrent registration

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 1057 - Certificates of registration

Providing that a certificate of registration is prima facie evidence of an owner's right to use the mark