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Warren Distribution, Inc. v. Royal Purple, LLC

No. 91214792 (T.T.A.B. Aug. 10, 2015)
Warren Distribution, Inc. v. Royal Purple, LLC

13 Cited authorities

  1. Brooks v. Arthur

    626 F.3d 194 (4th Cir. 2010)   Cited 63 times   1 Legal Analyses
    Finding privity between government entity and individual employees sued in their official capacities

  2. Jackson v. Callan Publishing, Inc.

    356 Ill. App. 3d 326 (Ill. App. Ct. 2005)   Cited 49 times
    Holding that privity exists "where a person is so identified in interest with another that he represents the same legal right."

  3. Agolf, LLC v. Village of Arlington Heights

    409 Ill. App. 3d 211 (Ill. App. Ct. 2011)   Cited 39 times
    Holding that privity exists between a party to the prior suit and a nonparty when the party to the prior suit adequately represented the same legal interests of the nonparty

  4. Shamrock Technologies v. Med. Sterilization

    903 F.2d 789 (Fed. Cir. 1990)   Cited 62 times   7 Legal Analyses
    Finding the inventor/assignor's ownership of 50,000 shares of the defendant company's stock was a factor favoring privity without considering the percentage of ownership

  5. Harrison v. Deere & Co.

    533 F. App'x 644 (7th Cir. 2013)   Cited 16 times
    Holding for purposes of the privity requirement that "[p]arties' interests are often aligned when one party is an agent of the other"

  6. International Nutrition Co. v. Horphag Research, Ltd.

    220 F.3d 1325 (Fed. Cir. 2000)   Cited 23 times
    Stating that the term privity "is simply a shorthand way of saying that nonparty [i.e. , a party not named in a prior action] will be bound by the judgment in that action"

  7. St. Jude Med. S.C., Inc. v. Cormier

    745 F.3d 325 (8th Cir. 2014)   Cited 9 times
    Applying Florida law to determine the preclusive effect of an adverse arbitration decision on the plaintiff's state law claims

  8. Custom Comp. Serv. v. Paychex Properties

    337 F.3d 1334 (Fed. Cir. 2003)   Cited 3 times
    Deferring to the Board's interpretation of "mistake" in the context of 37 C.F.R. § 2.102(b)

  9. U.S. v. Garan

    12 F.3d 858 (9th Cir. 1993)   Cited 6 times

    No. 92-55090. Argued and Submitted July 13, 1993. Decided December 17, 1993. George F. Rombach, defendant-appellant, in pro. per. Frank D. Kortum, Asst. U.S. Atty., Los Angeles, CA, for plaintiff-appellee. Appeal from the United States District Court for the Central District of California, Ronald S.W. Lew, District Judge, Presiding. Before: FLOYD R. GIBSON, HALL, and KLEINFELD, Circuit Judges. The Honorable Floyd R. Gibson, Senior Circuit Judge from the Eighth Circuit, sitting by designation. FLOYD

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

    Fed. R. Civ. P. 12   Cited 349,026 times   931 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  11. Section 1055 - Use by related companies affecting validity and registration

    15 U.S.C. § 1055   Cited 149 times   3 Legal Analyses
    Providing that use by related company inures to benefit of registrant

  12. Section 1063 - Opposition to registration

    15 U.S.C. § 1063   Cited 146 times   19 Legal Analyses
    Identifying "dilution by blurring ... under section 1125(c) as a permissible grounds for opposition to a registration"

  13. Section 2.102 - Extension of time for filing an opposition

    37 C.F.R. § 2.102   Cited 3 times

    (a) Any person who believes that he, she or it would be damaged by the registration of a mark on the Principal Register may file a request with the Trademark Trial and Appeal Board to extend the time for filing an opposition. The request need not be verified, but must be signed by the potential opposer or by the potential opposer's attorney, as specified in § 11.1 of this chapter, or authorized representative, as specified in § 11.14(b) of this chapter. Electronic signatures pursuant to § 2.193(c)