150 Cited authorities

Daubert v. Merrell Dow Pharmaceuticals, Inc.
509 U.S. 579 (1993) Cited 26,294 times 225 Legal Analyses
Holding that a trial judge must ensure that all admitted expert testimony "is not only relevant, but reliable"
Kumho Tire Co. v. Carmichael
526 U.S. 137 (1999) Cited 12,615 times 28 Legal Analyses
Holding that the Daubert gatekeeping standard applies not only to "scientific testimony" but also to "all expert testimony"
Wal-Mart Stores, Inc. v. Samara Brothers, Inc.
529 U.S. 205 (2000) Cited 771 times 41 Legal Analyses
Holding that fanciful, arbitrary, and suggestive marks are inherently distinctive
Inwood Laboratories v. Ives Laboratories
456 U.S. 844 (1982) Cited 1,258 times 25 Legal Analyses
Holding that secondary liability for trademark infringement arises when a manufacturer or distributor intentionally induces another to infringe
Traffix Devices, Inc. v. Marketing Displays, Inc.
532 U.S. 23 (2001) Cited 584 times 28 Legal Analyses
Holding that the dual-spring design was not protectable because it had a purpose “beyond serving the purpose of informing consumers that the sign stands are made by” the plaintiff
Cel-Tech Communications, Inc. v. Los Angeles Cellular Telephone Co.
20 Cal.4th 163 (Cal. 1999) Cited 2,421 times 22 Legal Analyses
Holding that for an act to be "unfair," it must "threaten" a violation of law or "violate the policy or spirit of one of those laws because its effects are comparable to or the same as a violation of the law"
Qualitex Co. v. Jacobson Products Co.
514 U.S. 159 (1995) Cited 565 times 51 Legal Analyses
Holding companies may not "inhibit[] legitimate competition" by trademarking desirable features to "put competitors at a significant non-reputation-related disadvantage"
Korea Supply Co. v. Lockheed Martin Corp.
29 Cal.4th 1134 (Cal. 2003) Cited 1,655 times 16 Legal Analyses
Holding that plaintiff cannot recover damages under Cal. Bus. Prof. Code § 17200 unless plaintiff has "an ownership interest in the money it seeks to recover"
Medtronic, Inc. v. Mirowski Family Ventures, LLC
571 U.S. 191 (2014) Cited 309 times 11 Legal Analyses
Holding that, in a patent infringement declaratory judgment action filed by an alleged infringer, the defendant patent holder bears the burden of proving infringement
Permanent v. Lasting
543 U.S. 111 (2004) Cited 326 times 5 Legal Analyses
Holding defense available even where likelihood of confusion established
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 345,981 times 922 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Rule 702 - Testimony by Expert Witnesses
Fed. R. Evid. 702 Cited 26,670 times 255 Legal Analyses
Adopting the Daubert standard
Section 2201 - Creation of remedy
28 U.S.C. § 2201 Cited 24,534 times 61 Legal Analyses
Granting district courts the authority to create a remedy with the force of a final judgment
Rule 403 - Excluding Relevant Evidence for Prejudice, Confusion, Waste of Time, or Other Reasons
Fed. R. Evid. 403 Cited 22,526 times 81 Legal Analyses
Adopting a similar standard, but requiring the probative value to be "substantially outweighed" by these risks
Section 17200 - Unfair competition defined
Cal. Bus. & Prof. Code § 17200 Cited 17,839 times 315 Legal Analyses
Prohibiting unlawful business practices
Section 1125 - False designations of origin, false descriptions, and dilution forbidden
15 U.S.C. § 1125 Cited 15,279 times 320 Legal Analyses
Holding "the person who asserts trade dress protection has the burden of proving that the matter sought to be protected is not functional"
Section 1114 - Remedies; infringement; innocent infringement by printers and publishers
15 U.S.C. § 1114 Cited 7,909 times 88 Legal Analyses
Holding liable "Any person who shall, without the consent of the registrant — use in commerce any reproduction . . . of a registered mark . . . in connection with which such use is likely to cause confusion."
Rule 402 - General Admissibility of Relevant Evidence
Fed. R. Evid. 402 Cited 6,658 times 10 Legal Analyses
Providing relevant evidence is admissible unless prohibited by the United States Constitution, a federal statute, the Federal Rules of Evidence, or other rules prescribed by the Supreme Court
Rule 901 - Authenticating or Identifying Evidence
Fed. R. Evid. 901 Cited 5,149 times 47 Legal Analyses
Holding that "[t]estimony that a matter is what it is claimed to be" is sufficient authentication
Section 1117 - Recovery for violation of rights
15 U.S.C. § 1117 Cited 4,886 times 144 Legal Analyses
Granting district courts significant discretion to award damages for a violation of § 1125
Section 2.52 - Types of drawings and format for drawings
37 C.F.R. § 2.52 Cited 29 times
Providing rules for applicants “who seek to register words, letters, numbers, or any combination thereof without claim to any particular font style, size, or color”

Forever 21, Inc. v. Gucci America, Inc. et al

150 Cited authorities

Holding that a trial judge must ensure that all admitted expert testimony "is not only relevant, but reliable"

Holding that the Daubert gatekeeping standard applies not only to "scientific testimony" but also to "all expert testimony"

Holding that fanciful, arbitrary, and suggestive marks are inherently distinctive

Holding that secondary liability for trademark infringement arises when a manufacturer or distributor intentionally induces another to infringe

Holding that the dual-spring design was not protectable because it had a purpose “beyond serving the purpose of informing consumers that the sign stands are made by” the plaintiff

Holding that for an act to be "unfair," it must "threaten" a violation of law or "violate the policy or spirit of one of those laws because its effects are comparable to or the same as a violation of the law"

Holding companies may not "inhibit[] legitimate competition" by trademarking desirable features to "put competitors at a significant non-reputation-related disadvantage"

Holding that plaintiff cannot recover damages under Cal. Bus. Prof. Code § 17200 unless plaintiff has "an ownership interest in the money it seeks to recover"

Holding that, in a patent infringement declaratory judgment action filed by an alleged infringer, the defendant patent holder bears the burden of proving infringement

Holding defense available even where likelihood of confusion established

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

Adopting the Daubert standard

Granting district courts the authority to create a remedy with the force of a final judgment

Adopting a similar standard, but requiring the probative value to be "substantially outweighed" by these risks

Prohibiting unlawful business practices

Holding "the person who asserts trade dress protection has the burden of proving that the matter sought to be protected is not functional"

Holding liable "Any person who shall, without the consent of the registrant — use in commerce any reproduction . . . of a registered mark . . . in connection with which such use is likely to cause confusion."

Providing relevant evidence is admissible unless prohibited by the United States Constitution, a federal statute, the Federal Rules of Evidence, or other rules prescribed by the Supreme Court

Holding that "[t]estimony that a matter is what it is claimed to be" is sufficient authentication

Granting district courts significant discretion to award damages for a violation of § 1125

Providing rules for applicants “who seek to register words, letters, numbers, or any combination thereof without claim to any particular font style, size, or color”