Holding that “[a]n action for trademark infringement can only succeed if, among other things, the plaintiff owns the mark,” and although “[r]egistration provides prima facie evidence of ownership ..., [u]ltimately, it is not the fact of registration that matters so much as the use of the mark in commerce”
Fed. R. Civ. P. 15 Cited 92,835 times 91 Legal Analyses
Finding that, per N.Y. C.P.L.R. § 1024, New York law provides a more forgiving principle for relation back in the context of naming John Doe defendants described with particularity in the complaint
Fed. R. Civ. P. 1 Cited 15,441 times 49 Legal Analyses
Recognizing the federal rules of civil procedure should be employed to promote the "just, speedy, and inexpensive determination of every action and proceeding"
15 U.S.C. § 1115 Cited 1,932 times 34 Legal Analyses
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"