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  • A judgment on the pleadings may be granted only where, on the facts as deemed admitted, there is no genuine issue of material fact to be resolved, and the moving party is entitled to judgment on the substantive merits of the controversy, as a matter of law.
    • Media Online Inc. v. El Clasificado, Inc., Cancellation No. 92047294 (TTAB 2008)
      • A judgment on the pleadings may be granted only where, on the facts as deemed admitted, there is no genuine issue of material fact to be resolved, and the moving party is entitled to judgment on the substantive merits of the controversy, as a matter of law. Id.
  • A motion for judgment on the pleadings is a test solely of the undisputed facts appearing in all the pleadings, supplemented by any facts of which the TTAB may take judicial notice.
    • Media Online Inc. v. El Clasificado, Inc., Cancellation No. 92047294 (TTAB 2008)
      • A motion for judgment on the pleadings is a test solely of the undisputed facts appearing in all the pleadings, supplemented by any facts of which the Board may take judicial notice.
  • All reasonable inferences from the pleadings are drawn in favor of the nonmoving party.
    • Media Online Inc. v. El Clasificado, Inc., Cancellation No. 92047294 (TTAB 2008)
      • All reasonable inferences from the pleadings are drawn in favor of the nonmoving party. Id.
  • Conclusions of law are not taken as admitted.
    • Media Online Inc. v. El Clasificado, Inc., Cancellation No. 92047294 (TTAB 2008)
      • Conclusions of law are not taken as admitted. Baroid Drilling Fluids Inc. v. SunDrilling Products, 24 USPQ2d 1048 (TTAB 1992).
  • All well-pleaded factual allegations of the nonmoving party must be accepted as true, while those allegations of the moving party which have been denied (or which are taken as denied, pursuant to Fed. R. Civ. P. 8(b)(6), because no responsive pleading thereto is required or permitted) are deemed false.
    • Media Online Inc. v. El Clasificado, Inc., Cancellation No. 92047294 (TTAB 2008)
      • For purposes of the motion, all well-pleaded factual allegations of the nonmoving party must be accepted as true, while those allegations of the moving party which have been denied (or which are taken as denied, pursuant to Fed. R. Civ. P. 8(b)(6), because no responsive pleading thereto is required or permitted) are deemed false.
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