Orient-Express Hotels, Inc. v. Cipriani Group Inc. Hotel Cipriani SrL v. Cipriani Group Inc.

8 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. Novamedix, Ltd. v. NDM Acquisition Corp.

    166 F.3d 1177 (Fed. Cir. 1999)   Cited 30 times
    Concluding the UCC did not apply to a settlement agreement that provided for the delivery of certain inventory because its primary purpose was to settle patent infringement claims
  3. Interstate Gen. Govt. Contractors v. Stone

    980 F.2d 1433 (Fed. Cir. 1992)   Cited 25 times

    No. 92-1079. December 3, 1992. Glen W. Clark, Jr., Palmer, Howard Clark, Austell, Ga., argued, for appellant. Franklin E. White, Jr., Attorney, Commercial Litigation Branch, Dept. of Justice, of Washington, D.C., argued, for appellee. With him on the brief were Stuart M. Gerson, Asst. Atty. Gen., David M. Cohen, Director and Thomas W. Petersen, Asst. Director. Also on the brief was Major Robert L. Duecaster, Dept. of Army, of counsel. Appeal from the Armed Services Board. Before NIES, Chief Judge

  4. 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.
  5. Selva & Sons, Inc. v. Nina Footwear, Inc.

    705 F.2d 1316 (Fed. Cir. 1983)   Cited 27 times   1 Legal Analyses
    Holding that challenger established standing under § 1064 notwithstanding the parties’ written agreement not to challenge each other's registration or each other's rights to use and sell goods under the mark
  6. 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"
  7. Kimberly-Clark Corp. v. Fort Howard Paper Co.

    772 F.2d 860 (Fed. Cir. 1985)   Cited 16 times

    Appeal No. 85-902. September 6, 1985. Dean A. Olds, Willian, Brinks, Olds, Hofer, Gilson Lione, Ltd., Chicago, Ill., argued for appellant. With him on brief was Thomas M. O'Malley, Chicago, Ill. Boyd A. Tracy, Kimberly-Clark Corp., Neenah, Wis., of counsel. George P. McAndrews, Allegretti, Newitt, Witcoff McAndrews, Ltd., Chicago, Ill., argued for appellee. With him on brief were L. Michael Jarvis, Allegretti, Newitt, Witcoff McAndrews, Ltd., Chicago, Ill., of counsel, and Joseph D. Kaufman, Fort

  8. 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