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Rebecca Curtin v. United Trademark Holdings, Inc.

91241083 (T.T.A.B. Oct. 19, 2021)
Rebecca Curtin v. United Trademark Holdings, Inc.

11 Cited authorities

  1. Celotex Corp. v. Catrett

    477 U.S. 317 (1986)   Cited 223,243 times   42 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. Lexmark Int'l, Inc. v. Static Control Components, Inc.

    572 U.S. 118 (2014)   Cited 3,117 times   74 Legal Analyses
    Holding that the respondent could not "obtain relief" under § 1125 "without evidence of injury proximately caused by [the petitioner's] alleged misrepresentations"

  3. Australian Therapeutic Supplies Pty. v. Naked TM, LLC

    965 F.3d 1370 (Fed. Cir. 2020)   Cited 12 times   1 Legal Analyses
    Concluding that a petitioner did not have a valid cause of action because it was precluded by a prior settlement agreement

  4. Corcamore, LLC v. SFM, LLC

    978 F.3d 1298 (Fed. Cir. 2020)   Cited 10 times   3 Legal Analyses
    Holding that Lexmark controls the statutory cause of action analysis under § 1064

  5. Del Tabaco v. Gen. Cigar Co.

    753 F.3d 1270 (Fed. Cir. 2014)   Cited 16 times   5 Legal Analyses
    Holding that appellant demonstrated entitlement to a "statutory cause of action" under the Lanham Act

  6. 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

  7. 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"

  8. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 340,613 times   164 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

  9. Rule 13 - Counterclaim and Crossclaim

    Fed. R. Civ. P. 13   Cited 5,058 times   22 Legal Analyses
    Determining whether counterclaims are compulsory

  10. Section 1064 - Cancellation of registration

    15 U.S.C. § 1064   Cited 934 times   52 Legal Analyses
    Allowing a petition to cancel a certification mark if the registered owner "discriminately refuses to certify" qualifying goods or services

  11. Section 1063 - Opposition to registration

    15 U.S.C. § 1063   Cited 149 times   19 Legal Analyses
    Identifying "dilution by blurring ... under section 1125(c) as a permissible grounds for opposition to a registration"