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Vitacilina Corporation of America v. Rosa West Labora-tories, Inc.

No. 91159389 (T.T.A.B. Jun. 28, 2005)
Vitacilina Corporation of America v. Rosa West Labora-tories, Inc.

7 Cited authorities

  1. Celotex Corp. v. Catrett

    477 U.S. 317 (1986)   Cited 223,516 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"

  2. In re E. I. DuPont DeNemours & Co.

    476 F.2d 1357 (C.C.P.A. 1973)   Cited 195 times   33 Legal Analyses
    Reciting thirteen factors to be considered, referred to as "DuPont factors"

  3. 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

  4. Lipton Industries, Inc. v. Ralston Purina

    670 F.2d 1024 (C.C.P.A. 1982)   Cited 58 times
    Holding that admission contained in an answer was binding, despite the fact that it was made "on information and belief"

  5. Olde Tyme Foods, Inc. v. Roundy's, Inc.

    961 F.2d 200 (Fed. Cir. 1992)   Cited 12 times
    Stating that "[a]s to strength of a mark . . . [third-party] registration evidence may not be given any weight . . . [because they are] not evidence of what happens in the market place"

  6. Wells Cargo, Inc. v. Wells Cargo, Inc.

    606 F.2d 961 (C.C.P.A. 1979)   Cited 9 times

    Appeal No. 78-514. October 11, 1979. William D. Stokes, Arlington, Va., attorney of record, for appellant. Henry C. Bunsow, San Francisco, Cal., attorney of record, for appellee; Stephen S. Townsend, San Francisco, Cal., of counsel. Appeal from the Patent and Trademark Office, Trademark Trial and Appeal Board. Before MARKEY, Chief Judge, RICH, BALDWIN and MILLER, Judges, and WATSON, Judge. The Honorable James L. Watson, Judge, United States Customs Court, sitting by designation. MARKEY, Chief Judge

  7. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 341,037 times   164 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit