· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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