Holding that the incontestable status of Therma-Scan's trademark was not relevant to the ultimate issue of whether confusion was likely to occur, and mark was not strong because it was descriptive and lacked broad public recognition
Finding no error in the district court's reliance upon the expert's testimony and conclusion that consumers exercise care in the selection of a credit card
Holding that the unauthorized importation of an otherwise "genuine" product rendered it "counterfeit" and thus subject to prohibition under the Lanham Act
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."
Holding summary judgment for the licensee appropriate where no special relationship between the parties existed and no evidence of actual control over the licensee existed
Fed. R. Civ. P. 15 Cited 95,737 times 92 Legal Analyses
Finding that, per N.Y. C.P.L.R. § 1024, New York law provides a more forgiving principle for relation back in the context of naming John Doe defendants described with particularity in the complaint
Referring to the Statement of Administrative Action accompanying the Uruguay Round Agreements Act, H.R. Doc. No. 103-316, reprinted in 1994 U.S.C.A.A.N. 4040 ("SAA")