Microstrategy Inc. v. Business Objects, S.A

Holding that "this court reviews a district court's evidentiary rulings under the law of the regional circuit"

Squirtco v. Seven-Up Co.

Holding that the failure to make formal findings of fact may be excusable error where the facts are uncontroverted

Union Carbide Corp. v. Ever-Ready Inc.

Holding that the defendants' suddenly changing the name of one of its own products to include the plaintiff's mark created confusion and defeated a laches defense even after the defendants had been distributing the plaintiff's products that were labeled with that mark for nineteen years

Coach Services, Inc. v. Triumph Learning LLC

Holding that it is the opposer's burden to prove fame of its mark

In re E. I. DuPont DeNemours & Co.

Reciting thirteen factors to be considered, referred to as "DuPont factors"

Palm Bay Imp. v. Veuve Clicquot Ponsardin

Finding similarity between "VEUVE ROYALE" and "VEUVE CLICQUOT" because "VEUVE ... remains a ‘prominent feature’ as the first word in the mark and the first word to appear on the label"

Paco Sport, Ltd. v. Paco Rabanne Parfums

Finding fact that employees giving anectodal evidence of actual confusion had "professional association" with plaintiff to render their evidence unpersuasive

Stone Lion Capital Partners, L.P. v. Lion Capital LLP

Reviewing the weight given to the similarity-of-the-marks factor for legal error

In re Nat. Data Corp.

Holding that a "likelihood of confusion cannot be predicated on dissection of a mark"

In re Viterra Inc.

Holding that "any minor differences in the sound of [X–Seed and XCEED marks for agricultural seeds] may go undetected by consumers and, therefore, would not be sufficient to distinguish the marks"

Rule 26 - Duty to Disclose; General Provisions Governing Discovery

Adopting Fed.R.Civ.P. 37

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

Holding that a party may be barred from using a witness if it fails to disclose the witness

Rule 702 - Testimony by Expert Witnesses

Adopting the Daubert standard

Rule 30 - Depositions by Oral Examination

Upholding a district court's decision not to consider the plaintiff's deposition errata sheets in opposition to a motion for summary judgment when they were untimely

Section 1125 - False designations of origin, false descriptions, and dilution forbidden

Holding "the person who asserts trade dress protection has the burden of proving that the matter sought to be protected is not functional"

Section 1051 - Application for registration; verification

Requiring a filing of a Statement of Use to register a mark

Section 1052 - Trademarks registrable on principal register; concurrent registration

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"

Section 2.52 - Types of drawings and format for drawings

Providing rules for applicants “who seek to register words, letters, numbers, or any combination thereof without claim to any particular font style, size, or color”

Section 2.120 - Discovery

Providing that the TTAB "in its discretion, may refuse to consider the additional written disclosures or responses"

Section 2.122 - Matters in evidence

Providing that in inter partes proceeding, "[t]he allegation in an application for registration, or in a registration, of a date of use is not evidence on behalf of the applicant or registrant" but, rather, "a date of use of a mark must be established by competent evidence"

Section 2.106 - Answer

Defining compulsory counterclaim as "defense attacking the validity of any one or more of the registrations pleaded in the opposition"

Section 2.121 - Assignment of times for taking testimony and presenting evidence