Wise F&I, LLC Financial Gap, Administrator LLC Vehicle Service Administrator LLC and Administration America LLC v. Allstate Insurance Company

15 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 266,598 times 281 Legal Analyses
Holding court need not credit "mere conclusory statements" in complaint
Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 279,656 times 369 Legal Analyses
Holding that allegations of conduct that are merely consistent with wrongdoing do not state a claim unless "placed in a context that raises a suggestion of" such wrongdoing
Advanced Cardiovascular v. Scimed Life
988 F.2d 1157 (Fed. Cir. 1993) Cited 203 times 2 Legal Analyses
Holding that in a Section 256 claim, laches cannot be decided at the pleading stage "based solely on presumptions"
Cunningham v. Laser Golf Corp.
222 F.3d 943 (Fed. Cir. 2000) Cited 74 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"
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.”
Citigroup Inc. v. Capital City Bank Group
637 F.3d 1344 (Fed. Cir. 2011) Cited 27 times 3 Legal Analyses
Considering "corporate studies tracking awareness of the CITIBANK mark"
J J Snack Foods Corp. v. McDonalds' Corp.
932 F.2d 1460 (Fed. Cir. 1991) Cited 45 times 1 Legal Analyses
Ruling that McDonald's has established a family of marks in product names starting with the prefix "Me"
Del Tabaco v. Gen. Cigar Co.
753 F.3d 1270 (Fed. Cir. 2014) Cited 15 times 5 Legal Analyses
Holding that appellant demonstrated entitlement to a "statutory cause of action" under the Lanham Act
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"
Young v. AGB Corp.
152 F.3d 1377 (Fed. Cir. 1998) Cited 20 times
No. 98-1055 DECIDED: August 17, 1998 Appealed from: U.S. Patent and Trademark Office Trademark Trial and Appeal Board. Sharon Dinwiddie, Burke Blue, P.A., of Panama City, Florida, argued for appellant. On the brief was Edward A. Hutchinson, Jr. Pamela Ann Bresnahan, Vorys, Sater, Seymour and Pease, LLP, of Washington, DC, argued for appellee. With her on the brief was Cory M. Amron. Before LOURIE, Circuit Judge, ARCHER, Senior Circuit Judge, and GAJARSA, Circuit Judge. LOURIE, Circuit Judge. John
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 361,242 times 959 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Rule 42 - Consolidation; Separate Trials
Fed. R. Civ. P. 42 Cited 9,654 times 24 Legal Analyses
Granting court's authority to consolidate related cases or "issue any other orders to avoid unnecessary cost or delay."
Section 1051 - Application for registration; verification
15 U.S.C. § 1051 Cited 3,893 times 126 Legal Analyses
Requiring a filing of a Statement of Use to register a mark
Section 1052 - Trademarks registrable on principal register; concurrent registration
15 U.S.C. § 1052 Cited 1,604 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"

Wise F&I, LLC Financial Gap, Administrator LLC Vehicle Service Administrator LLC and Administration America LLC v. Allstate Insurance Company

15 Cited authorities

Holding court need not credit "mere conclusory statements" in complaint

Holding that allegations of conduct that are merely consistent with wrongdoing do not state a claim unless "placed in a context that raises a suggestion of" such wrongdoing

Holding that in a Section 256 claim, laches cannot be decided at the pleading stage "based solely on presumptions"

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"

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

Considering "corporate studies tracking awareness of the CITIBANK mark"

Ruling that McDonald's has established a family of marks in product names starting with the prefix "Me"

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

Holding that admission contained in an answer was binding, despite the fact that it was made "on information and belief"

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

Granting court's authority to consolidate related cases or "issue any other orders to avoid unnecessary cost or delay."

Requiring a filing of a Statement of Use to register a mark

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"