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Bentwood Television Corp. v. American Theatre Wing, Inc.

No. 92029146 (T.T.A.B. Jul. 31, 2001)
Bentwood Television Corp. v. American Theatre Wing, Inc.

10 Cited authorities

  1. Celotex Corp. v. Catrett

    477 U.S. 317 (1986)   Cited 221,720 times   41 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. Sweats Fashions v. Pannill Knitting Co.

    833 F.2d 1560 (Fed. Cir. 1987)   Cited 163 times
    Finding that, on review of a grant of summary judgment in a USPTO opposition proceeding, "[opposer] would have us infer bad faith because of [registrant's] awareness of [opposer's] marks. However, an inference of 'bad faith' requires something more than mere knowledge of a prior similar mark. That is all the record here shows."

  3. 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.

  4. 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

  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. Ilco Corp. v. Ideal Security Hardware Corp.

    527 F.2d 1221 (C.C.P.A. 1976)   Cited 25 times
    Holding that use of one mark can inure to the benefit of a related mark only if they provide a "single and continuing commercial impression"

  7. In re Holland American Wafer Co.

    737 F.2d 1015 (Fed. Cir. 1984)   Cited 6 times
    Involving trademark registration application

  8. Wilson v. Delaunay

    245 F.2d 877 (C.C.P.A. 1957)   Cited 11 times
    In Wilson, the board similarly noted that, as between a company seeking to register "Newports" for women's shoes and a company selling outer shirts under the "Newport" brand, the singular form of Newport was materially indistinguishable under those circumstances.

  9. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 337,970 times   161 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

  10. Rule 11 - Signing Pleadings, Motions, and Other Papers; Representations to the Court; Sanctions

    Fed. R. Civ. P. 11   Cited 37,575 times   151 Legal Analyses
    Holding an "unrepresented party" to the same standard as an attorney