§Why CasetextPricing

Games Workshop Limited v. Chapterhouse Studios LLC

RESPONSE

49 Cited authorities

  1. Celotex Corp. v. Catrett

    477 U.S. 317 (1986)   Cited 218,869 times   40 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. Feist Publications, Inc. v. Rural Tel. Service Co.

    499 U.S. 340 (1991)   Cited 3,470 times   45 Legal Analyses
    Holding "it is beyond dispute that compilations of facts are within the subject matter of copyright" even though "copyright protects only the author's original contributions—not the facts or information conveyed"

  3. Dastar Corp. v. Twentieth Century Fox Film Corp.

    539 U.S. 23 (2003)   Cited 751 times   20 Legal Analyses
    Holding that federal trademark law helps assure the mark holder that it "will reap the financial, reputation-related rewards associated with a desirable product" rather than an imitator (quoting Qualitex Co. v. Jacobson Prods. Co. , 514 U.S. 159, 163–164, 115 S.Ct. 1300, 131 L.Ed.2d 248 (1995) )

  4. Albiero v. City of Kankakee

    246 F.3d 927 (7th Cir. 2001)   Cited 754 times
    Holding that "self-serving affidavits without factual support in the record will not defeat a motion for summary judgment."

  5. Packman v. Chi. Tribune Co.

    267 F.3d 628 (7th Cir. 2001)   Cited 516 times
    Holding that the supposed actual confusion among four of plaintiff's friends, none of whom had attempted to purchase the parties' goods, was "irrelevant to the question of confusion" because the four friends "were not relevant consumers under the Lanham Act" and, at best, showed "de minimis evidence of confusion"

  6. Castle Rock Entertain. v. Carol Publish. Group

    150 F.3d 132 (2d Cir. 1998)   Cited 416 times   8 Legal Analyses
    Holding that the fourth factor favored the plaintiffs, who produced a television show, because the defendants, who had produced a trivia book about that show, had entered a market that the plaintiffs might wish to enter

  7. Nora Beverages, Inc. v. Perrier Group of America, Inc.

    269 F.3d 114 (2d Cir. 2001)   Cited 292 times   2 Legal Analyses
    Finding mark commercially weak due to low commercial success, low advertising spending relative to competitors, and sale of the mark to a third party

  8. CAE, Inc. v. Clean Air Engineering, Inc.

    267 F.3d 660 (7th Cir. 2001)   Cited 282 times   1 Legal Analyses
    Holding that the individuals plaintiff advanced as actually confused were not relevant "consumers" under the Lanham Act because plaintiff did not show that they purchased or attempted to purchase the goods in question

  9. Welding Ser. v. Forman

    509 F.3d 1351 (11th Cir. 2007)   Cited 219 times   2 Legal Analyses
    Holding that term "Welding Services" is generic mark when used to describe business that provided welded metal overlay services and fabrications

  10. Platinum Home Mortgage Corp. v. Platinum F. G

    149 F.3d 722 (7th Cir. 1998)   Cited 279 times
    Holding failure to submit survey "not fatal"

  11. Rule 702 - Testimony by Expert Witnesses

    Fed. R. Evid. 702   Cited 27,237 times   273 Legal Analyses
    Adopting the Daubert standard

  12. Rule 5 - Serving and Filing Pleadings and Other Papers

    Fed. R. Civ. P. 5   Cited 22,753 times   16 Legal Analyses
    Allowing service by filing papers with the court's electronic-filing system

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

    15 U.S.C. § 1125   Cited 15,533 times   324 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"

  14. Section 1114 - Remedies; infringement; innocent infringement by printers and publishers

    15 U.S.C. § 1114   Cited 8,062 times   90 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."

  15. Section 1127 - Construction and definitions; intent of chapter

    15 U.S.C. § 1127   Cited 2,986 times   97 Legal Analyses
    Granting standing under § 1114 to the legal representative of the registrant of a trademark

  16. Section 103 - Subject matter of copyright: Compilations and derivative works

    17 U.S.C. § 103   Cited 574 times   8 Legal Analyses
    Extending copyright protection to "compilations"

  17. Section 104 - Subject matter of copyright: National origin

    17 U.S.C. § 104   Cited 87 times
    Providing certain works, “while unpublished, are subject to protection under this title without regard to the nationality or domicile of the author”