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Valvoline Licensing & Intellectual Property LLC v. Sunpoint International Group USA Corp.

91252877 (T.T.A.B. Jul. 22, 2021)
Valvoline Licensing & Intellectual Property LLC v. Sunpoint International Group USA Corp.

24 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. Foman v. Davis

    371 U.S. 178 (1962)   Cited 29,772 times   4 Legal Analyses
    Holding that an appeal was improperly dismissed when the record as a whole — including a timely but incomplete notice of appeal and a premature but complete notice — revealed the orders petitioner sought to appeal

  3. Montana v. United States

    440 U.S. 147 (1979)   Cited 3,648 times   3 Legal Analyses
    Holding that "once an issue is actually and necessarily determined by a court of competent jurisdiction, that determination is conclusive in subsequent suits based on a different cause of action involving a party to the prior litigation"

  4. Deposit Guaranty Nat. Bank v. Roper

    445 U.S. 326 (1980)   Cited 1,002 times   24 Legal Analyses
    Holding that denial of class certification is appealable after entry of final judgment

  5. Intellectual Property Development, Inc. v. TCI Cablevision of California, Inc.

    248 F.3d 1333 (Fed. Cir. 2001)   Cited 201 times   2 Legal Analyses
    Holding that a licensee had an exclusive license even though the license was granted subject to a prior nonexclusive license

  6. Coach Services, Inc. v. Triumph Learning LLC

    668 F.3d 1356 (Fed. Cir. 2012)   Cited 109 times   4 Legal Analyses
    Holding that it is the opposer's burden to prove fame of its mark

  7. Sweats Fashions v. Pannill Knitting Co.

    833 F.2d 1560 (Fed. Cir. 1987)   Cited 163 times
    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."

  8. Mathias v. Worldcom Technologies, Inc.

    535 U.S. 682 (2002)   Cited 19 times
    Dismissing prevailing parties' appeal seeking review “of uncongenial findings not essential to the judgment and not binding upon them in future litigation”

  9. Kemin Foods v. Pigmentos Vege. Del Centro

    464 F.3d 1339 (Fed. Cir. 2006)   Cited 72 times
    Holding that where a party's legal position as to the scope of a patent was sufficiently plausible, the party could not have acted with the requisite deceptive purpose

  10. Jet, Inc. v. Sewage Aeration Systems

    223 F.3d 1360 (Fed. Cir. 2000)   Cited 79 times   2 Legal Analyses
    Concluding that the same cause of action can exist in two cases only where the same set of transactional facts are involved in those cases and that, where the transactional facts differ, the doctrine of claim preclusion does not apply

  11. 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

  12. Rule 15 - Amended and Supplemental Pleadings

    Fed. R. Civ. P. 15   Cited 94,896 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

  13. Section 1071 - Appeal to courts

    15 U.S.C. § 1071   Cited 407 times   59 Legal Analyses
    Granting a right of appeal only to parties "dissatisfied with the decision" of the Board