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ISRAR AHMAD v. Gyro Enterprises LLC

92074842 (T.T.A.B. Mar. 25, 2021)
ISRAR AHMAD v. Gyro Enterprises LLC

22 Cited authorities

  1. Celotex Corp. v. Catrett

    477 U.S. 317 (1986)   Cited 221,284 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. Marrese v. American Academy of Ortho. Surgeons

    470 U.S. 373 (1985)   Cited 2,035 times
    Holding that the full faith and credit statute, 28 U.S.C. § 1738, "directs a federal court to refer to the preclusion law of the State in which judgment was rendered"

  3. Lawlor v. Nat'l Screen Serv.

    349 U.S. 322 (1955)   Cited 889 times   2 Legal Analyses
    Holding that two suits were not "based on the same cause of action," because "[t]he conduct presently complained of was all subsequent to" the prior judgment and it "cannot be given the effect of extinguishing claims which did not even then exist and which could not possibly have been sued upon in the previous case"

  4. Fink v. Golenbock

    238 Conn. 183 (Conn. 1996)   Cited 596 times
    Holding that defendant's actions in attempting to usurp the business and clientele of one corporation in favor of another fall under CUTPA

  5. Morris v. Jones

    329 U.S. 545 (1947)   Cited 267 times
    Holding that a default judgment constitutes a decision on the merits for res judicata purposes

  6. 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."

  7. Riehle v. Margolies

    279 U.S. 218 (1929)   Cited 262 times   1 Legal Analyses
    Holding that a party may prosecute a claim which arose prior to the appointment of the receiver but may not then execute upon the judgment

  8. Jet, Inc. v. Sewage Aeration Systems

    223 F.3d 1360 (Fed. Cir. 2000)   Cited 79 times   2 Legal Analyses
    Concluding that the same cause of action can exist in two cases only where the same set of transactional facts are involved in those cases and that, where the transactional facts differ, the doctrine of claim preclusion does not apply

  9. Young Engineers v. U.S. Intern. Trade Com'n

    721 F.2d 1305 (Fed. Cir. 1983)   Cited 103 times   3 Legal Analyses
    Holding that a previous final judgment on a claim extinguishes "all rights of the plaintiff to remedies against the defendant with respect to all or any part of the transaction, or series of connected transactions, out of which the action" arose

  10. Marrese v. Am. Academy Ortho. Surgeons

    726 F.2d 1150 (7th Cir. 1984)   Cited 95 times
    Noting that there are different ways for district courts to protect non-privileged documents

  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 361,853 times   962 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 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 337,251 times   161 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

  13. Section 1051 - Application for registration; verification

    15 U.S.C. § 1051   Cited 3,904 times   126 Legal Analyses
    Requiring a filing of a Statement of Use to register a mark

  14. Section 1052 - Trademarks registrable on principal register; concurrent registration

    15 U.S.C. § 1052   Cited 1,605 times   274 Legal Analyses
    Granting authority to refuse registration to a trademark that so resembles a registered mark "as to be likely, when used on or in connection with the goods of the applicant, to cause confusion, or to cause mistake, or to deceive"

  15. Section 1065 - Incontestability of right to use mark under certain conditions

    15 U.S.C. § 1065   Cited 1,128 times   16 Legal Analyses
    Listing the requirements for incontestability

  16. Section 1064 - Cancellation of registration

    15 U.S.C. § 1064   Cited 921 times   51 Legal Analyses
    Allowing a petition to cancel a certification mark if the registered owner "discriminately refuses to certify" qualifying goods or services

  17. Section 1058 - Duration, affidavits and fees

    15 U.S.C. § 1058   Cited 243 times   25 Legal Analyses
    Providing a ten-year duration for registered marks