21 Cited authorities

Garside v. Osco Drug, Inc.
895 F.2d 46 (1st Cir. 1990) Cited 1,571 times
Holding that the party who bears the burden of proof on a particular issue may not rely on the absence of competent evidence on that issue to defeat summary judgment
Clorox Co. Puerto Rico v. Proctor Gamble
228 F.3d 24 (1st Cir. 2000) Cited 375 times 3 Legal Analyses
Holding that the court may consider a document "integral to or explicitly relied upon in the complaint, even though not attached to the complaint" (quoting Shaw v. Digit. Equip. Corp., 82 F.3d 1194, 1220 (1st Cir. 1996) )
The Int'l Assoc., Machinists v. Winship Green
103 F.3d 196 (1st Cir. 1996) Cited 348 times
Holding that "because the listed factors must be evaluated in context, any meaningful inquiry into the likelihood of confusion necessarily must replicate the circumstances in which the ordinary consumer actually confronts (or probably will confront) the conflicting mark"
Burns v. Bd. of County Com'rs of Jackson Cty
330 F.3d 1275 (10th Cir. 2003) Cited 227 times 1 Legal Analyses
Holding Rule 30(e) cannot be interpreted as allowing a deponent to alter what was said under oath with an errata sheet
Nartron Corp. v. Stmicroelectronics, Inc.
305 F.3d 397 (6th Cir. 2002) Cited 138 times 2 Legal Analyses
Holding that composite term "smart power" is generic
Klonoski v. Mahlab
156 F.3d 255 (1st Cir. 1998) Cited 147 times
Holding that evidence was not introduced "solely for impeachment purposes" where the evidence was "both impeaching and substantive"
Ale House Management, Inc. v. Raleigh Ale House, Inc.
205 F.3d 137 (4th Cir. 2000) Cited 96 times 1 Legal Analyses
Holding that island or peninsula-shaped bar bisecting seating area with booths on one side and stool seating on other "is nothing more than a concept"
America Online, Inc. v. AT&T Corp.
243 F.3d 812 (4th Cir. 2001) Cited 92 times
Holding that trademark "registrant obtains prima facie evidence that its mark is not generic in the eyes of the relevant public, and that its mark is not merely descriptive, but at a minimum is descriptive and has obtained secondary meaning"
Cambridge Plating Co., Inc. v. Napco, Inc.
85 F.3d 752 (1st Cir. 1996) Cited 105 times
Holding that limitation of damages provision is not enforceable under Massachusetts law if defendant either willfully repudiated or was willfully dilatory in performing its warranty obligations
Sip-Top, Inc. v. Ekco Group, Inc.
86 F.3d 827 (8th Cir. 1996) Cited 73 times
Finding summary judgment appropriate on tortious interference with an existing contract claim where “evidence does not support an inference that [defendant's] actions cause [plaintiff] to lose a contract”
Rule 37 - Failure to Make Disclosures or to Cooperate in Discovery; Sanctions
Fed. R. Civ. P. 37 Cited 45,885 times 319 Legal Analyses
Holding that a party may be barred from using a witness if it fails to disclose the witness

Diomed Inc, et al v. Vascular Solutions, Inc. et al

21 Cited authorities

Holding that the party who bears the burden of proof on a particular issue may not rely on the absence of competent evidence on that issue to defeat summary judgment

Holding that the court may consider a document "integral to or explicitly relied upon in the complaint, even though not attached to the complaint" (quoting Shaw v. Digit. Equip. Corp., 82 F.3d 1194, 1220 (1st Cir. 1996) )

Holding that "because the listed factors must be evaluated in context, any meaningful inquiry into the likelihood of confusion necessarily must replicate the circumstances in which the ordinary consumer actually confronts (or probably will confront) the conflicting mark"

Holding Rule 30(e) cannot be interpreted as allowing a deponent to alter what was said under oath with an errata sheet

Holding that composite term "smart power" is generic

Holding that evidence was not introduced "solely for impeachment purposes" where the evidence was "both impeaching and substantive"

Holding that island or peninsula-shaped bar bisecting seating area with booths on one side and stool seating on other "is nothing more than a concept"

Holding that trademark "registrant obtains prima facie evidence that its mark is not generic in the eyes of the relevant public, and that its mark is not merely descriptive, but at a minimum is descriptive and has obtained secondary meaning"

Holding that limitation of damages provision is not enforceable under Massachusetts law if defendant either willfully repudiated or was willfully dilatory in performing its warranty obligations

Finding summary judgment appropriate on tortious interference with an existing contract claim where “evidence does not support an inference that [defendant's] actions cause [plaintiff] to lose a contract”

Holding that a party may be barred from using a witness if it fails to disclose the witness