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MPS Entertainment, LLC et al v. Abercrombie & Fitch Stores, Inc.

REPLY to Response to Motion re First MOTION to Strike Irrelevant Material and Unsuported Allegations From Plaintiffs' 68 Second Amended Complaint

17 Cited authorities

  1. Bryant v. Avado Brands, Inc.

    187 F.3d 1271 (11th Cir. 1999)   Cited 1,281 times   2 Legal Analyses
    Holding that “a court, when considering a motion to dismiss in a securities fraud case, may take judicial notice . . . of relevant public documents required to be filed with the SEC”

  2. Mincey v. Head

    206 F.3d 1106 (11th Cir. 2000)   Cited 378 times   2 Legal Analyses
    Holding that the showing of prejudice necessary to overcome a procedural default is the same showing of prejudice required by Strickland

  3. Sugar Busters LLC v. Brennan

    177 F.3d 258 (5th Cir. 1999)   Cited 158 times
    Holding that products appealing to diabetics are not substantially similar

  4. Gift of Learning Foundation, Inc. v. TGC, Inc.

    329 F.3d 792 (11th Cir. 2003)   Cited 100 times   1 Legal Analyses
    Holding the plaintiff had to prove that its mark acquired secondary meaning before the defendant began using the relevant trademark

  5. Pilates, Inc. v. Current Concepts, Inc.

    120 F. Supp. 2d 286 (S.D.N.Y. 2000)   Cited 42 times
    Holding that "sporadic uses" of a mark for equipment over a three-year period, including "two or three" sales and the distribution of a brochure advertising the equipment, did not defeat a finding of nonuse

  6. interState Net Bank v. Netb@nk, Inc.

    348 F. Supp. 2d 340 (D.N.J. 2004)   Cited 13 times
    Rejecting plaintiff's fee application where defendant litigated the trademark case "in a professional and reasonable manner."

  7. Green Bullion Financial Services, LLC v. Money4gold Holdings, Inc.

    639 F. Supp. 2d 1356 (S.D. Fla. 2009)   Cited 6 times   1 Legal Analyses

    Case No. 09-60027-CIV. June 22, 2009. Oliver A. Ruiz, Francisco J. Ferreiro, John Cyril Malloy, III, Malloy Malloy, Miami, FL, for Defendants. ORDER WILLIAM J. ZLOCH, District Judge. THIS MATTER is before the Court upon Plaintiff Green Bullion Financial Services, LLC's Motion For Preliminary Injunction (DE 8). An evidentiary hearing was held before the undersigned on Plaintiff's aforementioned Motion on April 21, 22, and 23, and May 11, 2009. The Court has carefully reviewed said Motion and the entire

  8. Archer Daniel Midland v. Singh Narula

    No. 99 C 6997 (N.D. Ill. Jul. 12, 2001)   Cited 5 times
    Considering "whether the assignee continues to produce goods of the same nature and quality previously associated with the mark"

  9. Haymaker Sports, Inc. v. Turian

    581 F.2d 257 (C.C.P.A. 1978)   Cited 24 times
    Holding the assignment invalid because the assignee never used the mark and never acquired any of the assignor's tangible assets or goodwill

  10. Rule 201 - Judicial Notice of Adjudicative Facts

    Fed. R. Evid. 201   Cited 28,319 times   26 Legal Analyses
    Holding "[n]ormally, in deciding a motion to dismiss for failure to state a claim, courts must limit their inquiry to the facts stated in the complaint and the documents either attached to or incorporated in the complaint. However, courts may also consider matters of which they may take judicial notice."

  11. Section 1051 - Application for registration; verification

    15 U.S.C. § 1051   Cited 3,791 times   123 Legal Analyses
    Requiring a filing of a Statement of Use to register a mark

  12. Section 1115 - Registration on principal register as evidence of exclusive right to use mark; defenses

    15 U.S.C. § 1115   Cited 1,906 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"

  13. Section 1058 - Duration, affidavits and fees

    15 U.S.C. § 1058   Cited 238 times   25 Legal Analyses
    Providing a ten-year duration for registered marks

  14. Section 1060 - Assignment

    15 U.S.C. § 1060   Cited 188 times   13 Legal Analyses
    Requiring assignments of federal trademark registrations to be "by instruments in writing"

  15. Section 1126 - International conventions

    15 U.S.C. § 1126   Cited 184 times   29 Legal Analyses
    Stating that an application under § 44 "must state the applicant's bona fide intention to use the mark in commerce, but use in commerce shall not be required prior to registration"

  16. Section 540.08 - Unauthorized publication of name or likeness

    Fla. Stat. § 540.08   Cited 135 times   3 Legal Analyses

    (1) No person shall publish, print, display or otherwise publicly use for purposes of trade or for any commercial or advertising purpose the name, portrait, photograph, or other likeness of any natural person without the express written or oral consent to such use given by: (a) Such person; or (b) Any other person, firm or corporation authorized in writing by such person to license the commercial use of her or his name or likeness; or (c) If such person is deceased, any person, firm or corporation

  17. Section 1141f - Effect of filing a request for extension of protection of an international registration to the United States

    15 U.S.C. § 1141f   Cited 7 times   3 Legal Analyses
    Requiring a declaration of "bona fide intention to use the mark in commerce"