Sentences with phrase «use on a motion for summary judgment»

The Trademark Office in this case stated that in order to raise a genuine issue of material fact as to its intent to use on a motion for summary judgment, an applicant must rely on specific facts that establish the «existence of an ability and willingness to use the mark in the United States to identify [the goods in the application] at the time of the filing of the application.»

Not exact matches

[5] In the months following the amendments to Rule 20, it has become a matter of some controversy and uncertainty as to whether it is appropriate for a motion judge to use the new powers conferred by the amended Rule 20 to decide an action on the basis of the evidence presented on a motion for summary judgment.

In Fernandes v. Araujo et al., the owner's insurer brought a motion for summary judgment stating that the owner was not vicariously liable for the driver's negligence as the owner had not given permission to the driver to operate the vehicle, an ATV located on the owner's farm, on the highway, as the driver only had a G1 license and was not licensed to use the ATV on a highway.