Sweats Fashions, Inc. v. Pannill Knitting Company, Inc.

How courts have described this case

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

• stating the rule that the burden shifts to the non-moving party on summary judgment once movant demonstrates that no genuine issue of material fact exists
• “[w]here a movant has supported its motions with affidavits or other evidence which, unopposed, would establish its right to judgment, the non-movant ... must proffer countering evidence”
• in opposing a motion for summary judgment, a non- movant may not rest upon mere denials, “but must proffer countering evidence sufficient to create a genuine factual dispute.”
• awareness of plaintiff’s mark through trademark search and opinion of counsel that the mark was available notwithstanding plaintiff’s mark was not sufficient for an inference of bad faith
• “Third-party registrations are admissible and competent to negate a claim of exclusive rights in [a word] and the disclaimers are evidence, albeit not conclusive, of descriptiveness of the term.”
• the Board need not consider du Pont factors unsupported by evi- dence

Source: CourtListener parenthetical corpus (CC0).