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ALS Scan, Inc. v. Cloudflare, Inc. et al

MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss First Amended Complaint for Failure to State a Claim on which Relief can be Granted 35

21 Cited authorities

  1. Starr v. Baca

    652 F.3d 1202 (9th Cir. 2011)   Cited 5,495 times   2 Legal Analyses
    Holding that a series of investigative reports documenting systemic deficiencies in a jail put the defendant-supervisor on notice of the risk of the harm that befell the plaintiff

  2. Metro-Goldwyn-Mayer Studios Inc. v. Grokster, Ltd.

    545 U.S. 913 (2005)   Cited 802 times   32 Legal Analyses
    Holding that “one who distributes a device with the object of promoting its use to infringe copyright ... is liable”

  3. Inwood Laboratories v. Ives Laboratories

    456 U.S. 844 (1982)   Cited 1,281 times   25 Legal Analyses
    Holding that secondary liability for trademark infringement arises when a manufacturer or distributor intentionally induces another to infringe

  4. Arpin v. Santa Clara Valley Transp. Agency

    261 F.3d 912 (9th Cir. 2001)   Cited 1,816 times
    Holding that "conclusory allegations unsupported by factual data are insufficient to defeat summary judgment motion"

  5. A M Records, Inc. v. Napster, Inc.

    239 F.3d 1004 (9th Cir. 2001)   Cited 750 times   10 Legal Analyses
    Holding that Napster could not invoke § 1008 as a defense to copyright infringement claims because its technology did not fit within the AHRA’s definitions

  6. Perfect 10, Inc. v. Amazon.Com, Inc.

    487 F.3d 701 (9th Cir. 2007)   Cited 484 times   29 Legal Analyses
    Holding that an online image search index was "highly transformative"

  7. Perfect 10 v. Visa Intern

    494 F.3d 788 (9th Cir. 2007)   Cited 254 times   7 Legal Analyses
    Holding that the court may "affirm on any ground supported by the record"

  8. Arista Records LLC v. Lime Group LLC

    784 F. Supp. 2d 398 (S.D.N.Y. 2011)   Cited 162 times   1 Legal Analyses
    Holding that a defendant who "provided machinery or goods that facilitated infringement" can be contributorily liable

  9. Fonovisa, Inc. v. Cherry Auction, Inc.

    76 F.3d 259 (9th Cir. 1996)   Cited 235 times   3 Legal Analyses
    Holding that operators of a swap meet who had reason to know of infringing activity after law enforcement officers raided the flea market and seized counterfeit merchandise may be held liable for contributory trademark infringement

  10. Gershwin Pub. Corp. v. Columbia Artists Man

    443 F.2d 1159 (2d Cir. 1971)   Cited 424 times
    Holding that a defendant may "be held liable as a 'contributory' infringer if it were shown to have had knowledge, or reason to know, of the infringing nature of the records"

  11. Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

    Fed. R. Civ. P. 12   Cited 357,946 times   950 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  12. Rule 15 - Amended and Supplemental Pleadings

    Fed. R. Civ. P. 15   Cited 93,811 times   92 Legal Analyses
    Finding that, per N.Y. C.P.L.R. § 1024, New York law provides a more forgiving principle for relation back in the context of naming John Doe defendants described with particularity in the complaint