Legal Opinion
Alltrade, Inc. v. Uniweld Products, Inc.
Court of Appeals for the Ninth Circuit
Decided October 31, 1991No. 90-55605PublishedCited by 346 opinions
1Opinion of the Court
D.W. NELSON, Circuit Judge:
This case focuses on an apparent conflict between two legal principles: First, the well-established “first to file rule,” which allows a district court to transfer, stay, or dismiss an action when a similar complaint has already been filed in another federal court; second, the statutory right to appeal enjoyed by a party “dissatisfied” with a “decision” of the Trademark Trial and Appeal Board (“Board”).
Invoking the former principle, the district court dismissed a challenge to a Board decision filed by appellant Alltrade, Inc. (“Alltrade”), on the ground that it…
2Cases cited24 opinions
- Deposit Guaranty National Bank v. RoperSupreme Court of the United States · 1980
- Kerotest Manufacturing Co. v. C-O-Two Fire Equipment Co.Supreme Court of the United States · 1952
- University of Pennsylvania v. Equal Employment Opportunity CommissionSupreme Court of the United States · 1990
- Factors Etc., Inc. And Boxcar Enterprises Inc. v. Pro Arts, Inc. And Stop and Shop Companies, Inc.Court of Appeals for the Second Circuit · 1978
- Pacesetter Systems, Inc. v. Medtronic, Inc. And Med Rel Inc.Court of Appeals for the Ninth Circuit · 1982
19 more not listed; retrieve them via the Exa API.
3Cited by346 opinions
- Kohn Law Group, Inc. v. Auto Parts Manufacturing Mississippi, Inc.Court of Appeals for the Ninth Circuit · 2015
- Tobias Chavez v. Dole Food Company IncCourt of Appeals for the Third Circuit · 2016
- Jean Alexander Cosmetics, Inc. v. L'OreaL Usa, Inc. Redkin 5th Avenue, N.Y.CCourt of Appeals for the Third Circuit · 2006
- Kulvir Singh Barapind v. Janet Reno, Attorney GeneralCourt of Appeals for the Ninth Circuit · 2000
- Cedars-Sinai Medical Center v. ShalalaCourt of Appeals for the Ninth Circuit · 1997
341 more not listed; retrieve them via the Exa API.