Gruner + Jahr USA Publishing v. Meredith Corp.
991 F.2d 1072 (2d Cir. 1993) Cited 414 timesHolding the otherwise descriptive mark PARENTS to be strong in its stylized form
Trustees of Plumbers Pen. v. Transworld
886 F. Supp. 1134 (S.D.N.Y. 1995) Cited 256 times 1 Legal AnalysesHolding in May of 1995 that "the Criminal Case should be completed by the end of this year, which would not unreasonably prolong this case"
Patsy's Brand, Inc. v. I.O.B. Realty, Inc.
317 F.3d 209 (2d Cir. 2003) Cited 185 times 1 Legal AnalysesHolding that litigation conduct can form the basis for an award of attorney's fees where such conduct is "fraudulent."
Boosey, Hawkes Music Publishers v. Walt Disney
145 F.3d 481 (2d Cir. 1998) Cited 86 timesHolding that "new-use analysis should rely on neutral principles of contract interpretation" and that "the language of the contract" governs
Central Mfg., Inc. v. Brett
492 F.3d 876 (7th Cir. 2007) Cited 60 timesHolding 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”
Whitney Information Network, Inc. v. Gagnon
353 F. Supp. 2d 1208 (M.D. Fla. 2005) Cited 55 timesDismissing shotgun counterclaims that "incorporate[d] not only all the previous counts, but all paragraphs in the answer and affirmative defenses"
Juno Online Services, L.P. v. Juno Lighting, Inc.
979 F. Supp. 684 (N.D. Ill. 1997) Cited 34 timesHolding reservation of domain name without a website does not constitute infringement under Lanham Act § 43
GMA ACCESSORIES, INC. v. CROSCILL, INC.
06 Civ. 6236 (GEL) (S.D.N.Y. Mar. 3, 2008) Cited 15 timesFinding "Charlotte" mark to be suggestive, where it was used in connection with women's fashion items and accessories
Montblanc-Simplo GmbH v. Aurora Due S.r.L.
363 F. Supp. 2d 467 (E.D.N.Y. 2005) Cited 11 timesFinding that "an incontestably valid mark" was nonetheless a "relatively weak mark"
GMA Accessories, Inc. v. Croscill, Inc.
06 Civ. 6236 (GEL) (S.D.N.Y. Mar. 12, 2007) Cited 9 timesHolding that "a reasonable factfinder could reach differing conclusions regarding the third factor, the proximity of the products"
Rule 8 - General Rules of Pleading
Fed. R. Civ. P. 8 Cited 158,801 times 196 Legal AnalysesHolding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Rule 15 - Amended and Supplemental Pleadings
Fed. R. Civ. P. 15 Cited 91,980 times 91 Legal AnalysesFinding 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
Rule 9 - Pleading Special Matters
Fed. R. Civ. P. 9 Cited 39,307 times 323 Legal AnalysesRequiring that fraud be pleaded with particularity
Rule 1 - Scope and Purpose
Fed. R. Civ. P. 1 Cited 15,276 times 49 Legal AnalysesRecognizing the federal rules of civil procedure should be employed to promote the "just, speedy, and inexpensive determination of every action and proceeding"
Section 1117 - Recovery for violation of rights
15 U.S.C. § 1117 Cited 4,955 times 148 Legal AnalysesGranting district courts significant discretion to award damages for a violation of § 1125
Section 1115 - Registration on principal register as evidence of exclusive right to use mark; defenses
15 U.S.C. § 1115 Cited 1,919 times 34 Legal AnalysesProviding 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 1065 - Incontestability of right to use mark under certain conditions
15 U.S.C. § 1065 Cited 1,109 times 16 Legal AnalysesListing the requirements for incontestability