Two Pesos, Inc. v. Taco Cabana, Inc.

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

Black v. Lane

Holding that when default judgment is entered, factual allegations are treated as true and a defaulted defendant may no longer challenge them—"[a]s a general rule, a default judgment establishes, as a matter of law, that defendants are liable to plaintiff as to each cause of action alleged in the complaint"

O'Brien v. R.J. O'Brien Associates, Inc.

Holding that defendant waived insufficiency of process objection by failing to raise it in motion to vacate default

Wehrs v. Wells

Holding that causation is necessary to obtain damages under Rule 55(b)

Fitzgerald Pub. Co., Inc. v. Baylor Pub. Co.

Holding a printer and a publisher liable for infringement of a literary work

CAE, Inc. v. Clean Air Engineering, Inc.

Holding that the individuals plaintiff advanced as actually confused were not relevant "consumers" under the Lanham Act because plaintiff did not show that they purchased or attempted to purchase the goods in question

Autozone, Inc. v. Strick

Holding that the evidence that the plaintiff had spent millions of dollars' on advertising to promote its mark and that the mark was displayed prominently on thousands of stores nationally was more than sufficient to establish the mark's strength

Barbecue Marx, Inc. v. 551 Ogden, Inc.

Holding that although the marks "SMOKE DADDY" and "BONE DADDY" are similar in appearance and suggestion, their distinct visual presentations significantly undercut the strength of the plaintiff's argument that the marks are likely to be confused

Specht v. Google, Inc.

Holding allegations sufficient to survive motion to dismiss where plaintiffs alleged the mark infringed, the time frame, a similar mark used by defendants, and the type of infringing activities

International Korwin Corp. v. Kowalczyk

Finding that a nightclub owner acted willfully by continuing to play plaintiffs' copyrighted songs and by passing plaintiffs' infringement notices off as "a nuisance"

Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

Rule 54 - Judgment; Costs

Holding party seeking fees may additionally seek "nontaxable expenses"

Rule 55 - Default; Default Judgment

Adopting similar language for acquiring default judgment against the United States

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

Holding "the person who asserts trade dress protection has the burden of proving that the matter sought to be protected is not functional"

Section 1114 - Remedies; infringement; innocent infringement by printers and publishers

Holding liable "Any person who shall, without the consent of the registrant — use in commerce any reproduction . . . of a registered mark . . . in connection with which such use is likely to cause confusion."

Section 1117 - Recovery for violation of rights

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

Section 1116 - Injunctive relief

Granting district courts the "power to grant injunctions, according to principles of equity . . ., to prevent the violation of any right" of the trademark owner

Section 1118 - Destruction of infringing articles