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Tracie Martyn, Inc. v. Tracy Artman

No. 91173009 (T.T.A.B. May. 1, 2008)
Tracie Martyn, Inc. v. Tracy Artman

6 Cited authorities

  1. Celotex Corp. v. Catrett

    477 U.S. 317 (1986)   Cited 221,665 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. 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"

  3. Chien Ming Huang v. Tzu Wei Chen Food Co.

    849 F.2d 1458 (Fed. Cir. 1988)   Cited 4 times   1 Legal Analyses
    Holding that a trademark is void when the application was filed in the name of an entity that did not own the mark.

  4. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 337,868 times   161 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

  5. Section 1051 - Application for registration; verification

    15 U.S.C. § 1051   Cited 3,910 times   126 Legal Analyses
    Requiring a filing of a Statement of Use to register a mark

  6. Section 2.71 - Amendments to correct informalities

    37 C.F.R. § 2.71   Cited 12 times   3 Legal Analyses

    The applicant may amend the application during the course of examination, when required by the Office or for other reasons. (a) The applicant may amend the application to clarify or limit, but not to broaden, the identification of goods and/or services or the description of the nature of the collective membership organization. (b) (1) If the verified statement in an application under § 2.33 is unsigned or signed by the wrong party, the applicant may submit a substitute verification. (2) If the verified