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E. & J. Gallo Winery v. Fine Spirits Distribution, LLC

No. 91175854 (T.T.A.B. May. 22, 2008)
E. & J. Gallo Winery v. Fine Spirits Distribution, LLC

9 Cited authorities

  1. Celotex Corp. v. Catrett

    477 U.S. 317 (1986)   Cited 221,665 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. Pioneer Investment Services Company v. Brunswick Associates Limited Partnership

    507 U.S. 380 (1993)   Cited 8,003 times   15 Legal Analyses
    Holding that clients must be held accountable for the acts and omissions of their attorneys

  3. American Automobile Ass'n v. AAA Legal Clinic of Jefferson Crooke, P.C.

    930 F.2d 1117 (5th Cir. 1991)   Cited 252 times
    Holding the district court erred in excluding defendant's responses to plaintiff's requests for admissions where plaintiff "included the admissions in its pretrial order as `undisputed issues of fact,' introduced the admissions into evidence at trial and relied on them in support of its case"

  4. 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"

  5. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 337,868 times   161 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

  6. Rule 6 - Computing and Extending Time; Time for Motion Papers

    Fed. R. Civ. P. 6   Cited 52,000 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."

  7. Rule 37 - Failure to Make Disclosures or to Cooperate in Discovery; Sanctions

    Fed. R. Civ. P. 37   Cited 48,351 times   336 Legal Analyses
    Holding that a party may be barred from using a witness if it fails to disclose the witness

  8. Rule 36 - Requests for Admission

    Fed. R. Civ. P. 36   Cited 6,367 times   13 Legal Analyses
    Noting that facts admitted pursuant to a Rule 36 discovery request are "conclusively established unless the court, on motion, permits the admission to be withdrawn or amended"

  9. Section 2.127 - Motions

    37 C.F.R. § 2.127   Cited 8 times

    (a) Every motion must be submitted in written form and must meet the requirements prescribed in § 2.126 . It shall contain a full statement of the grounds, and shall embody or be accompanied by a brief. Except as provided in paragraph (e)(1) of this section, a brief in response to a motion shall be filed within twenty days from the date of service of the motion unless another time is specified by the Trademark Trial and Appeal Board, or the time is extended by stipulation of the parties approved