Enron Oil Corp. v. Diakuhara
10 F.3d 90 (2d Cir. 1993) Cited 1,731 timesHolding that refusal to grant relief from default was an abuse of discretion "because [default] should be reserved by a trial court as a final, not a first, sanction imposed on a litigant"
Securities and Exchange Commission v. McNulty
137 F.3d 732 (2d Cir. 1998) Cited 703 times 1 Legal AnalysesHolding that there is “no scienter requirement inserted in SEC Rule 13b2–1 ... because § 13(b) of the 1934 Act ‘contains no words indicating that Congress intended to impose a ‘scienter’ requirement.' ”
American Alliance Ins. Co. v. Eagle Ins. Co.
92 F.3d 57 (2d Cir. 1996) Cited 571 timesHolding that the district court wrongfully "required conclusive evidence" of defendant's proposed meritorious defense because "the District Court was not the trier of fact on this issue and should not have required such evidence in order to permit [the defendant] to present its defense"
Virgin Enterprises Ltd. v. Nawab
335 F.3d 141 (2d Cir. 2003) Cited 313 timesHolding that the marks VIRGIN and VIRGIN WIRELESS were, in light of the strength of the VIRGIN mark, similar enough to weigh in favor of a likelihood of confusion because, in addition to using the same first word VIRGIN, the context in which consumers experienced the plaintiff's mark, including through radio advertisements, nullified the marks' visual dissimilarities
Morningside Group v. Morningside Capital Group
182 F.3d 133 (2d Cir. 1999) Cited 197 times 1 Legal AnalysesHolding that "Morningside" is an arbitrary mark as applied to financial investment services
Scarves By Vera, Inc. v. Todo Imports Ltd.
544 F.2d 1167 (2d Cir. 1976) Cited 215 timesHolding that scarf designer could properly prevent use of her tradename on cosmetics
Banff, Ltd. v. Federated Dept. Stores, Inc.
841 F.2d 486 (2d Cir. 1988) Cited 150 timesHolding that "reverse confusion . . . is actionable under § 43 of the Lanham Act"
Home Box Office, Inc. v. Showtime/The Movie Channel Inc.
832 F.2d 1311 (2d Cir. 1987) Cited 120 timesHolding that a showing of a likelihood of confusion as to source or sponsorship establishes the requisite likelihood of success on the merits as well as the risk of irreparable harm
Gramercy Equities v. Dumont
72 N.Y.2d 560 (N.Y. 1988) Cited 96 times 1 Legal AnalysesFinding joint and several liability where acting in ordinary course of partnership [or joint venture] business
Omega Importing Corp v. Petri-Kine Camera Co.
451 F.2d 1190 (2d Cir. 1971) Cited 153 timesReversing order denying preliminary injunction
Rule 60 - Relief from a Judgment or Order
Fed. R. Civ. P. 60 Cited 55,789 times 153 Legal AnalysesGranting relief from the operation of a judgment