Celotex Corp. v. Catrett

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"

Two Pesos, Inc. v. Taco Cabana, Inc.

Holding that to establish a claim for trade dress infringement, secondary meaning, non-functionality and likelihood of confusion must all be shown

Qualitex Co. v. Jacobson Products Co.

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

Moseley v. Secret Catalogue, Inc.

Holding that such evidence is sufficient to meet the heightened standard of actual dilution

Abercrombie Fitch Co. v. Hunting World, Inc.

Holding that the term "Safari" is generic for the articles of clothing that comprise the "Safari suit" outfit

Lane Capital Management v. Lane Capital Mgmt

Holding that a defendant bears the burden of rebutting the presumption of protectability by a preponderance of the evidence.

Sport Supply Group, Inc. v. Columbia Cas. Co.

Holding that, "[u]nder Texas Law, the elements of a breach of contract claim" include "performance by the plaintiff"

Westchester Media v. PRL USA Holdings, Inc.

Holding that a likelihood of confusion requires a probability of confusion, which is more than a mere possibility

Horseshoe Bay Resort Sales Co. v. Lake Lyndon B. Johnson Improvement Corp.

Holding that the continued use of a trademarked domain name gave "rise to a separate cause of action each day it [was] repeated"

Enrique Bernat F., S.A. v. Guadalajara Inc.

Holding that “chupa” is generic for lollipops in Spanish, relying on record evidence of multiple firms using “chupa” in product names for lollipops

Rule 56 - Summary Judgment

Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

Rule 5 - Serving and Filing Pleadings and Other Papers

Allowing service by filing papers with the court's electronic-filing system

Section 1125 - False designations of origin, false descriptions, and dilution forbidden

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

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."

Section 1117 - Recovery for violation of rights

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

Section 1127 - Construction and definitions; intent of chapter

Granting standing under § 1114 to the legal representative of the registrant of a trademark

Section 1116 - Injunctive relief

Granting district courts the "power to grant injunctions, according to principles of equity . . ., to prevent the violation of any right" of the trademark owner

Section 1115 - Registration on principal register as evidence of exclusive right to use mark; defenses

Providing that registration of a mark "shall be prima facie evidence of the validity of the registered mark" but "shall not preclude another person from proving any legal or equitable defense or defect"

Section 1052 - Trademarks registrable on principal register; concurrent registration

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"

Section 1118 - Destruction of infringing articles