Opinion

Exxon Corp. v. National Foodline Corp.

  • 579 F.2d 1244
  • 198 U.S.P.Q. (BNA) 407
  • 1978 CCPA LEXIS 268
Court
Court of Customs and Patent Appeals
Filed
Jun 30, 1978
Status
Published
Author
Miller
On the bench
Miller, Rich
Cited by
6 cases

“EXXELLO”, used on ice cream making machines costing $3,500-$ll,000, does not infringe “Exxon”

How later courts described this case

  • “EXXELLO”, used on ice cream making machines costing $3,500-$ll,000, does not infringe “Exxon”

Written by the judges who cited it.

The opinion

MILLER, Judge,

concurring.

The board correctly concluded that— since opposer in its affidavit has not attested to the use of the term “EXXON” as a trade name or house mark to identify any product or service of opposer, we conclude that opposer has not overcome the facts set forth and attested to in applicant’s exhibits and affidavit .

Fed.R.Civ.P. 56(e) places an affirmative duty on a party opposing a motion for summary judgment to “set forth specific facts showing that there is a genuine issue for trial.” Exxon has failed even to allege such facts and, on that basis, summary judgment was correctly awarded against it.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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