58 Cited authorities

Anderson v. Liberty Lobby, Inc.
477 U.S. 242 (1986) Cited 237,021 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"
Adickes v. Kress Co.
398 U.S. 144 (1970) Cited 25,103 times 1 Legal Analyses
Holding that a private person who conspires with government actors to deprive a plaintiff of her constitutional rights acts "under color of law" for purposes of § 1983
United States v. Diebold, Inc.
369 U.S. 654 (1962) Cited 11,309 times
Holding that a court must construe all inferences and ambiguities against the movant and in favor of the non-moving party in determining whether a genuine issue of material act has been raised
Two Pesos, Inc. v. Taco Cabana, Inc.
505 U.S. 763 (1992) Cited 1,961 times 35 Legal Analyses
Holding that to establish a claim for trade dress infringement, secondary meaning, non-functionality and likelihood of confusion must all be shown
Marlyn Nutraceuticals, Inc. v. Mucos Pharma GmbH & Co.
571 F.3d 873 (9th Cir. 2009) Cited 2,192 times 6 Legal Analyses
Holding that a motion for reconsideration should not be used to present evidence that should have been presented previously
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"
Mendocino Environ. Ctr. v. Mendocino Cty
192 F.3d 1283 (9th Cir. 1999) Cited 977 times 1 Legal Analyses
Holding that "the proper inquiry asks whether an official's acts would chill or silence a person of ordinary firmness from future First Amendment activities"
Surfvivor Media, Inc. v. Survivor Productions
406 F.3d 625 (9th Cir. 2005) Cited 753 times 5 Legal Analyses
Holding a single retailer and a single customer insufficient to establish likelihood of confusion based on actual confusion
Cohn v. Petsmart, Inc.
281 F.3d 837 (9th Cir. 2002) Cited 815 times 5 Legal Analyses
Holding that a settlement demand was sufficient to satisfy the amount in controversy where plaintiff made no attempt to disavow the letter or offer contrary evidence
Clicks Billiards Inc. v. Sixshooters Inc.
251 F.3d 1252 (9th Cir. 2001) Cited 703 times 4 Legal Analyses
Holding that the appearance of a pool hall can be trade dress, and noting that functionality, secondary meaning, and likelihood of confusion are issues of fact
Section 1117 - Recovery for violation of rights
15 U.S.C. § 1117 Cited 4,913 times 144 Legal Analyses
Granting district courts significant discretion to award damages for a violation of § 1125
Section 1127 - Construction and definitions; intent of chapter
15 U.S.C. § 1127 Cited 2,949 times 95 Legal Analyses
Granting standing under § 1114 to the legal representative of the registrant of a trademark

Poquito Mas Licensing Corporation v. Taco Bell Corp.

58 Cited authorities

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"

Holding that a private person who conspires with government actors to deprive a plaintiff of her constitutional rights acts "under color of law" for purposes of § 1983

Holding that a court must construe all inferences and ambiguities against the movant and in favor of the non-moving party in determining whether a genuine issue of material act has been raised

Holding that to establish a claim for trade dress infringement, secondary meaning, non-functionality and likelihood of confusion must all be shown

Holding that a motion for reconsideration should not be used to present evidence that should have been presented previously

Holding mark use was not sufficiently public when used in a website domain and in "limited correspondence with lawyers and a few customers"

Holding that "the proper inquiry asks whether an official's acts would chill or silence a person of ordinary firmness from future First Amendment activities"

Holding a single retailer and a single customer insufficient to establish likelihood of confusion based on actual confusion

Holding that a settlement demand was sufficient to satisfy the amount in controversy where plaintiff made no attempt to disavow the letter or offer contrary evidence

Holding that the appearance of a pool hall can be trade dress, and noting that functionality, secondary meaning, and likelihood of confusion are issues of fact

Granting district courts significant discretion to award damages for a violation of § 1125

Granting standing under § 1114 to the legal representative of the registrant of a trademark