32 Cited authorities

  1. Ebay Inc. v. Mercexchange, L. L. C.

    547 U.S. 388 (2006)   Cited 3,799 times   130 Legal Analyses
    Holding that traditional four-factor test applies to injunctions against patent infringement
  2. Park 'N Fly, Inc. v. Dollar Park & Fly, Inc.

    469 U.S. 189 (1985)   Cited 938 times   7 Legal Analyses
    Holding that an incontestable mark cannot be challenged as merely descriptive
  3. Lindsey v. Prive Corp.

    161 F.3d 886 (5th Cir. 1998)   Cited 732 times
    Holding that a district court did not commit an abuse of discretion when denying a motion for default judgment because the factors on balance weighed against granting the motion
  4. Matter of Dierschke

    975 F.2d 181 (5th Cir. 1992)   Cited 569 times
    Holding that the defendant willfully defaulted when he admitted that he had received the complaint, but explained that he had failed to respond because he was involved in another suit and did not understand that he was being served in a new case
  5. Twist Shout Music v. Longneck Xpress, N.P.

    441 F. Supp. 2d 782 (E.D. Tex. 2006)   Cited 50 times

    Civil Action No. 9:06CV7. June 28, 2006. Stacy Royce Obenhaus, Gardere Wynne Sewell LLP, Dallas, for Aggressive Music, Bon Jovi Publishing, Desmobile, Inc, EMI April Music Inc, Innocent Bystander, Songs of Mosaic, Twist and Shout Music, Universal-Polygram International Publishing, Inc, Write Treatage Music, Plaintiffs. ORDER ON PLAINTIFFS' MOTION FOR DEFAULT JUDGMENT CLARK, District Judge. Before the court is Plaintiffs' Motion for Entry of Default Judgment [Doc. # 11]. Defendant was served with

  6. Mass Engineered Design, Inc. v. Ergotron, Inc.

    633 F. Supp. 2d 361 (E.D. Tex. 2009)   Cited 28 times   1 Legal Analyses
    Holding that the "fact that there is direct competition [with the infringer] in the marketplace weighs heavily in favor of a finding of irreparable injury"
  7. British Intern. Ins. Co., Ltd. v. Seguros La Republica, S.A.

    200 F.R.D. 586 (W.D. Tex. 2000)   Cited 30 times
    Concluding that § 59.006 "cannot take precedence over federal discovery rules regarding post-judgment discovery and compliance with subpoenas"
  8. Mary Kay, Inc. v. Weber

    661 F. Supp. 2d 632 (N.D. Tex. 2009)   Cited 16 times   1 Legal Analyses
    Finding Mary Kay's request that "defendants should not be allowed to use Mary Kay's trademarks in any advertising, newsletters, or coupons except to identify the name of the products for sale" too broad because the defendants could not be restricted to using the Mary Kay mark only directly before the name of the product advertised
  9. Gillette Co. v. Save & Disc. LLC

    Case No. 1:15-cv-636 (S.D. Ohio Jul. 13, 2016)   Cited 7 times
    Noting post-judgment interest is appropriate in a case where Plaintiff is likely to face delay in collecting payment due to Defendants' failure to participate in the lawsuit
  10. Collier Services Corp. v. Salinas

    812 S.W.2d 372 (Tex. App. 1991)   Cited 32 times
    Holding settlement agreement was discoverable because it was relevant to a judgment creditor's search for assets from which to collect its judgment
  11. Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

    Fed. R. Civ. P. 12   Cited 346,412 times   923 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
  12. Rule 6 - Computing and Extending Time; Time for Motion Papers

    Fed. R. Civ. P. 6   Cited 48,488 times   24 Legal Analyses
    Holding that "if the last day [of a period] is a Saturday, Sunday, or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday."
  13. Rule 54 - Judgment; Costs

    Fed. R. Civ. P. 54   Cited 41,232 times   141 Legal Analyses
    Holding party seeking fees may additionally seek "nontaxable expenses"
  14. Rule 55 - Default; Default Judgment

    Fed. R. Civ. P. 55   Cited 32,881 times   13 Legal Analyses
    Adopting similar language for acquiring default judgment against the United States
  15. Rule 65 - Injunctions and Restraining Orders

    Fed. R. Civ. P. 65   Cited 22,449 times   87 Legal Analyses
    Recognizing court's ability to enter emergency order with less than full adversary hearing and even, in appropriate circumstances, without notice
  16. Rule 45 - Subpoena

    Fed. R. Civ. P. 45   Cited 16,594 times   105 Legal Analyses
    Holding that a subpoena may command a person to attend a trial, hearing, or deposition "within 100 miles of where the person resides, is employed, or regularly transacts business in person"
  17. Rule 30 - Depositions by Oral Examination

    Fed. R. Civ. P. 30   Cited 16,108 times   127 Legal Analyses
    Upholding a district court's decision not to consider the plaintiff's deposition errata sheets in opposition to a motion for summary judgment when they were untimely
  18. Rule 34 - Producing Documents, Electronically Stored Information, and Tangible Things, or Entering onto Land, for Inspection and Other Purposes

    Fed. R. Civ. P. 34   Cited 13,149 times   147 Legal Analyses
    Finding that the rules related to electronic discovery were "not meant to create a routine right of direct access to a party's electronic information system, although such access may be justified in some circumstances."
  19. Section 1117 - Recovery for violation of rights

    15 U.S.C. § 1117   Cited 4,891 times   144 Legal Analyses
    Granting district courts significant discretion to award damages for a violation of § 1125
  20. Rule 69 - Execution

    Fed. R. Civ. P. 69   Cited 3,952 times   6 Legal Analyses
    Adopting state law for procedures to execute judgments and obtain relevant discovery
  21. Rule 621a - Discovery and Enforcement of Judgment

    Tex. R. Civ. P. 621a   Cited 87 times

    At any time after rendition of judgment, and so long as said judgment has not been suspended by a supersedeas bond or by order of a proper court and has not become dormant as provided by Article 3773, V.A.T.S., the successful party may, for the purpose of obtaining information to aid in the enforcement of such judgment, initiate and maintain in the trial court in the same suit in which said judgment was rendered any discovery proceeding authorized by these rules for pre-trial matters. Also, at any