Zoba International Corp. v. DVD Format/LOGO Licensing Corporation

25 Cited authorities

  1. Celotex Corp. v. Catrett

    477 U.S. 317 (1986)   Cited 223,587 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. Parklane Hosiery Co. v. Shore

    439 U.S. 322 (1979)   Cited 4,328 times   8 Legal Analyses
    Holding that district courts have discretion to refuse to apply offensive non-mutual collateral estoppel against a defendant if such an application of the doctrine would be unfair
  3. Lawlor v. Nat'l Screen Serv.

    349 U.S. 322 (1955)   Cited 894 times   2 Legal Analyses
    Holding that two suits were not "based on the same cause of action," because "[t]he conduct presently complained of was all subsequent to" the prior judgment and it "cannot be given the effect of extinguishing claims which did not even then exist and which could not possibly have been sued upon in the previous case"
  4. Fink v. Golenbock

    238 Conn. 183 (Conn. 1996)   Cited 596 times
    Holding that defendant's actions in attempting to usurp the business and clientele of one corporation in favor of another fall under CUTPA
  5. Barmag Barmer Maschinenfabrik v. Murata Mach

    731 F.2d 831 (Fed. Cir. 1984)   Cited 279 times   1 Legal Analyses
    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."
  6. Foster v. Hallco Mfg. Co., Inc.

    947 F.2d 469 (Fed. Cir. 1991)   Cited 183 times   4 Legal Analyses
    Holding that the Lear v. Adkins ruling, which overrides certain contractual promises, does not override the claim-preclusive effect of a consent decree
  7. Acumed v. Stryker

    525 F.3d 1319 (Fed. Cir. 2008)   Cited 93 times   1 Legal Analyses
    Holding that a claim for patent infringement is "barred by claim preclusion if that claim arises from the same transactional facts as a prior action"
  8. Sweats Fashions v. Pannill Knitting Co.

    833 F.2d 1560 (Fed. Cir. 1987)   Cited 163 times
    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."
  9. 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
  10. Young Engineers v. U.S. Intern. Trade Com'n

    721 F.2d 1305 (Fed. Cir. 1983)   Cited 103 times   3 Legal Analyses
    Holding that a previous final judgment on a claim extinguishes "all rights of the plaintiff to remedies against the defendant with respect to all or any part of the transaction, or series of connected transactions, out of which the action" arose
  11. 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 368,678 times   970 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
  12. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 341,158 times   164 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit
  13. Section 1119 - Power of court over registration

    15 U.S.C. § 1119   Cited 853 times   13 Legal Analyses
    Granting the court the power in an action involving a registered mark to order the cancellation of a registration
  14. Section 1071 - Appeal to courts

    15 U.S.C. § 1071   Cited 414 times   59 Legal Analyses
    Granting a right of appeal only to parties "dissatisfied with the decision" of the Board
  15. Section 2.145 - Appeal to court and civil action

    37 C.F.R. § 2.145   Cited 18 times
    Stating that a party has sixty-three days to appeal a decision of the TTAB
  16. Section 2.127 - Motions

    37 C.F.R. § 2.127   Cited 8 times

    (a) Every motion must be submitted in written form and must meet the requirements prescribed in § 2.126 . It shall contain a full statement of the grounds, and shall embody or be accompanied by a brief. Except as provided in paragraph (e)(1) of this section, a brief in response to a motion shall be filed within twenty days from the date of service of the motion unless another time is specified by the Trademark Trial and Appeal Board, or the time is extended by stipulation of the parties approved