Celotex Corp. v. Catrett

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"

Mingus Constructors, Inc. v. U.S.

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"

Barmag Barmer Maschinenfabrik v. Murata Mach

Holding that mere allegations do not create a material issue of fact if the nonmovant cannot "point to an evidentiary conflict created on the record at least by a counter statement of a fact or facts set forth in detail in an affidavit by a knowledgeable affiant."

Sweats Fashions v. Pannill Knitting Co.

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."

Cunningham v. Laser Golf Corp.

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"

Aycock Eng. v. Airflite

Holding that applicant's preparation to use the mark was insufficient to constitute use in commerce

Metrop. Life v. Bancorp

Holding that district court erred in denying plaintiff's Rule 56 motion for discovery and should not have treated the defendant's witnesses' declarations as truthful but "should have allowed Bancorp a reasonable opportunity for discovery concerning the accused components of the Vantage system"

Meyers v. Brooks Shoe Inc.

Holding that district court erred by "basing its decision on a single laches period for all three patents" when they were all issued at different times

Ritchie v. Simpson

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

Del Tabaco v. Gen. Cigar Co.

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

Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

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

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

Section 1127 - Construction and definitions; intent of chapter

Granting standing under § 1114 to the legal representative of the registrant of a trademark

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 1064 - Cancellation of registration

Allowing a petition to cancel a certification mark if the registered owner "discriminately refuses to certify" qualifying goods or services

Section 1058 - Duration, affidavits and fees

Providing a ten-year duration for registered marks

Section 1091 - Supplemental register

Stating that marks registered on the Supplemental Register "must be capable of distinguishing the applicant's goods or services"

Section 1069 - Application of equitable principles in inter partes proceedings

Providing in the Lanham Act context that "[i]n all inter partes proceedings equitable principles of laches, estoppel, and acquiescence, where applicable may be considered and applied"

Section 1059 - Renewal of registration

Requiring payment of fee to renew trade-mark

Section 1092 - Publication; not subject to opposition; cancellation

Providing for cancellation of marks on USPTO's Principal and Supplemental Registers

Section 2.116 - Federal Rules of Civil Procedure

Making the federal rules of civil procedure generally applicable in TTAB proceedings

Section 2.122 - Matters in evidence

Providing that in inter partes proceeding, "[t]he allegation in an application for registration, or in a registration, of a date of use is not evidence on behalf of the applicant or registrant" but, rather, "a date of use of a mark must be established by competent evidence"

Section 2.127 - Motions