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ER Marks, Inc. v. Quarles Petroleum, Inc.

No. 92043631 (T.T.A.B. May. 30, 2007)
ER Marks, Inc. v. Quarles Petroleum, Inc.

7 Cited authorities

  1. Celotex Corp. v. Catrett

    477 U.S. 317 (1986)   Cited 218,991 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"

  2. Opryland USA v. Great American Music Show

    970 F.2d 847 (Fed. Cir. 1992)   Cited 24 times
    In Opryland, Opryland USA opposed the registration of "THE CAROLINA OPRY," arguing that the term was confusingly similar to Opryland's own marks.

  3. Lloyd's Food Products, Inc. v. Eli's, Inc.

    987 F.2d 766 (Fed. Cir. 1993)   Cited 18 times
    Holding that third-party evidence should not be disregarded in evaluating the strength of a mark for purposes of determining the likelihood of confusion

  4. Missouri Pacific Rd. Co. v. Natl. Milling Co.

    409 F.2d 882 (3d Cir. 1969)   Cited 47 times
    Barring a carrier from imposing a double payment upon a consignee

  5. Olde Tyme Foods, Inc. v. Roundy's, Inc.

    961 F.2d 200 (Fed. Cir. 1992)   Cited 12 times
    Stating that "[a]s to strength of a mark . . . [third-party] registration evidence may not be given any weight . . . [because they are] not evidence of what happens in the market place"

  6. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 333,436 times   158 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

  7. Section 1064 - Cancellation of registration

    15 U.S.C. § 1064   Cited 907 times   49 Legal Analyses
    Allowing a petition to cancel a certification mark if the registered owner "discriminately refuses to certify" qualifying goods or services