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· 10/15/2007

Rhoades v. Avon Products, Inc.

Citations

  • 504 F.3d 1151
  • 69 Fed. R. Serv. 3d 358
  • 84 U.S.P.Q. 2d (BNA) 1409
  • 2007 U.S. App. LEXIS 24096
  • 2007 WL 2983757

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • noting that, under the Ninth Circuit’s “reasonable apprehension” test, concrete or explicit threats of litigation are not necessary for a plaintiff to have standing
  • noting that, under the Ninth Circuit’s “reasonable apprehension” test, concrete or explicit threats of litigation are not necessary for a plaintiff to have standing
  • noting that motions challenging the “jurisdictional case or controversy requirement . . . may be brought only under 12(b)(1)” (internal quotations omitted)
  • stating that courts must take care to ensure the 9 presence of “an actual case or controversy” in DJA actions, “such that the judgment does 10 not become an unconstitutional advisory opinion”
  • holding TTAB, “unlike 24 a federal district court, . . . cannot give relief for an infringement claim, either injunctive or 25 by way of damages” (citing 15 U.S.C. §§ 1063(a), 1064, 1067(a)) (alteration omitted)
  • rejecting argument that settlement 23 communications could not be cited in support of subject matter jurisdiction

Source: CourtListener parenthetical corpus (CC0).

Judges: Noonan, Kleinfeld, Paez

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.