§Why CasetextPricing

Nextdoor.com, Inc. v. Abhyanker

MOTION for Summary Judgment on Nextdoor.com's Counts II and IV of its Complaint

39 Cited authorities

  1. Anderson v. Liberty Lobby, Inc.

    477 U.S. 242 (1986)   Cited 237,112 times   38 Legal Analyses
    Holding that summary judgment is not appropriate if "the dispute about a material fact is ‘genuine,’ that is, if the evidence is such that a reasonable jury could return a verdict for the nonmoving party"

  2. Celotex Corp. v. Catrett

    477 U.S. 317 (1986)   Cited 217,084 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"

  3. T.W. Elec. Service v. Pacific Elec. Contr

    809 F.2d 626 (9th Cir. 1987)   Cited 9,913 times
    Holding that "[i]nferences must ... be drawn in the light most favorable to the nonmoving party" so long as "it is ‘rational’ or ‘reasonable’ and otherwise permissible under the governing substantive law"

  4. SAN REMO HOTEL, L.P. v. CITY COUNTY OF SAN FRANCISCO

    545 U.S. 323 (2005)   Cited 479 times   20 Legal Analyses
    Holding that a plaintiff is precluded by the full faith and credit statute, 28 U.S.C. § 1738, from relitigating those issues which were adjudicated by a state court

  5. Brookfield Communications, Inc. v. West Coast Entertainment Corp.

    174 F.3d 1036 (9th Cir. 1999)   Cited 1,083 times   9 Legal Analyses
    Holding mark use was not sufficiently public when used in a website domain and in "limited correspondence with lawyers and a few customers"

  6. F.T.C. v. Stefanchik

    559 F.3d 924 (9th Cir. 2009)   Cited 687 times
    Holding "the district court did not abuse its discretion by holding the defendants liable for the full amount of loss incurred by consumers"

  7. Goto.com, Inc. v. Walt Disney Co.

    202 F.3d 1199 (9th Cir. 2000)   Cited 566 times   2 Legal Analyses
    Holding that marks were "strikingly similar" when considered with colors as used in commerce despite PTO's determination that they were not confusingly similar based on black and white submission

  8. Official Airline Guides, Inc. v. Goss

    6 F.3d 1385 (9th Cir. 1993)   Cited 677 times
    Holding that district court committed "error" when it "analyzed the strength of [plaintiff's] mark by examining . . . the term 'Travel Planner,' standing alone" where plaintiff alleged that its mark "OAG TRAVEL PLANNER" was infringed by defendants' marks "THE TRAVEL PLANNER USA" and "USA TRAVEL PLANNER"

  9. AMF Inc. v. Sleekcraft Boats

    599 F.2d 341 (9th Cir. 1979)   Cited 1,055 times   18 Legal Analyses
    Holding "Slickcraft" to be suggestive of a fast boat

  10. Network Automation, Inc. v. Advanced Systems Concepts, Inc.

    638 F.3d 1137 (9th Cir. 2011)   Cited 363 times   11 Legal Analyses
    Holding that the similarity of two marks can be tested on three levels: "sight, sound, and meaning."

  11. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 330,026 times   158 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

  12. Rule 11 - Signing Pleadings, Motions, and Other Papers; Representations to the Court; Sanctions

    Fed. R. Civ. P. 11   Cited 36,029 times   145 Legal Analyses
    Holding an "unrepresented party" to the same standard as an attorney

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

    15 U.S.C. § 1125   Cited 15,355 times   321 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 1127 - Construction and definitions; intent of chapter

    15 U.S.C. § 1127   Cited 2,953 times   95 Legal Analyses
    Granting standing under § 1114 to the legal representative of the registrant of a trademark

  15. Section 144 - Interested directors; quorum

    Del. Code tit. 8 § 144   Cited 145 times   4 Legal Analyses
    Providing that “[n]o contract or transaction between a corporation and 1 or more of its directors or officers ... shall be void or voidable solely for this reason ... if: the material facts as to the director's or officer's relationship or interest and as to the contract or transaction are disclosed or are known to the board of directors or the committee, and the board or committee in good faith authorizes the contract or transaction by the affirmative votes of a majority of the disinterested directors”

  16. Section 142 - Officers; titles, duties, selection, term; failure to elect; vacancies

    Del. Code tit. 8 § 142   Cited 31 times   2 Legal Analyses
    Stating that "[o]ne of the officers shall have the duty to record the proceedings of the meetings of the stockholders and directors in a book to be kept for that purpose."