§Why CasetextPricing

United States of America v. Colabella et al

MOTION for Summary Judgment

17 Cited authorities

  1. Anderson v. Liberty Lobby, Inc.

    477 U.S. 242 (1986)   Cited 236,210 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 216,309 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. Matsushita Elec. Indus. Co. v. Zenith Radio

    475 U.S. 574 (1986)   Cited 113,121 times   38 Legal Analyses
    Holding that, on summary judgment, antitrust plaintiffs "must show that the inference of conspiracy is reasonable in light of the competing inferences of independent action or collusive action that could not have harmed" them

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

    809 F.2d 626 (9th Cir. 1987)   Cited 9,871 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"

  5. Nissan Fire Marine Ins. Co. v. Fritz Co.

    210 F.3d 1099 (9th Cir. 2000)   Cited 4,321 times
    Holding that once the moving party carries its initial burden of production, "the nonmoving parties were obligated to produce evidence in response"

  6. Hard Rock Cafe Licensing v. Concession Serv

    955 F.2d 1143 (7th Cir. 1992)   Cited 224 times   3 Legal Analyses
    Holding flea marketer landlord liable for contributory infringement for sales of counterfeit goods on premises, but only where landlord knowingly permitted such sales or was willfully blind

  7. Philip Morris USA Inc. v. Liu

    489 F. Supp. 2d 1119 (C.D. Cal. 2007)   Cited 38 times
    Finding the defendant liable where he had "unloaded and transported some cargo which ... turned out to be counterfeit cigarettes," and also concluding that the defendant "willfully blinded" himself to the counterfeits

  8. U.S. v. Able Time, Inc.

    545 F.3d 824 (9th Cir. 2008)   Cited 10 times
    Determining that Chevron deference does not apply to statutes that are not ambiguous

  9. Philip Morris USA Inc. v. U.S. Sun Star Trading, Inc.

    08-CV-0068 (KAM) (JO) (E.D.N.Y. May. 27, 2010)   Cited 5 times

    08-CV-0068 (KAM) (JO). May 27, 2010 ORDER ADOPTING REPORT AND RECOMMENDATION KIYO MATSUMOTO, Magistrate Judge Plaintiff Philip Morris USA Inc. ("Philip Morris" or "plaintiff") commenced the instant action against defendants U.S. Sun Star Trading, Inc. ("Sun Star") and its incorporator and alleged alter-ego An Long Li ("Li") (collectively, "defendants") alleging that the defendants imported commercial quantities of counterfeit MARLBORO® brand cigarettes into the United States in violation of federal

  10. U.S. v. Nguyen

    655 F. Supp. 2d 1203 (S.D. Ala. 2009)   Cited 4 times

    Civil Action No. 07-0875-CG-B. August 28, 2009. Gary A. Moore, U.S. Attorney's Office, Mobile, AL, for Plaintiff. J. Gullatte Hunter, III, Robertson Hunter, P.C., Mobile, AL, for Defendant. ORDER CALLIE V.S. GRANADE, Chief Judge. This matter is before the court on the plaintiff's motion for summary judgment (Doc. 11), the defendant's response thereto (Doc. 18), the plaintiff's reply (Doc. 33), and the plaintiff's motion to strike (Doc. 32). For the reasons stated herein, the plaintiff's motion to

  11. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 328,736 times   158 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

  12. Section 1051 - Application for registration; verification

    15 U.S.C. § 1051   Cited 3,788 times   123 Legal Analyses
    Requiring a filing of a Statement of Use to register a mark

  13. Section 1202 - Harmonized Tariff Schedule

    19 U.S.C. § 1202   Cited 215 times
    Authorizing the Secretary "to issue rules and regulations governing the admission of articles under the provisions" of the tariff schedules

  14. Section 1526 - Merchandise bearing American trade-mark

    19 U.S.C. § 1526   Cited 168 times   4 Legal Analyses
    Barring the importation of goods bearing a registered U.S. trademark without the trademark owner’s written consent "at the time of making entry"

  15. Section 133.21 - Articles suspected of bearing counterfeit marks

    19 C.F.R. § 133.21   Cited 43 times   1 Legal Analyses

    (a)Counterfeit mark defined. A "counterfeit mark" is a spurious mark that is identical with, or substantially indistinguishable from, a mark registered on the Principal Register of the U.S. Patent and Trademark Office. (b)Detention, notice, and disclosure of information - (1)Detention period. CBP may detain any article of domestic or foreign manufacture imported into the United States that bears a mark suspected by CBP of being a counterfeit version of a mark that is registered with the U.S. Patent