# Exxon Corp. v. National Foodline Corp.

> Court of Customs and Patent Appeals · June 30, 1978 · 579 F.2d 1244

URL: https://www.frixlaw.com/law-library/cases/8907197

## Case

- **Full name:** EXXON CORPORATION v. NATIONAL FOODLINE CORPORATION
- **Court:** Court of Customs and Patent Appeals
- **Decided:** June 30, 1978
- **Citations:** 579 F.2d 1244; 198 U.S.P.Q. (BNA) 407; 1978 CCPA LEXIS 268
- **Precedential status:** Published
- **Opinion:** Concurrence by Miller
- **Judges:** Miller, Rich
- **Cited by:** 6 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/8907197

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/8907197. Public record. Not legal advice.