33 Cited authorities

Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 273,590 times 368 Legal Analyses
Holding that allegations of conduct that are merely consistent with wrongdoing do not state a claim unless "placed in a context that raises a suggestion of" such wrongdoing
Pacific Gas Elec. v. Energy Resources Comm'n
461 U.S. 190 (1983) Cited 1,181 times
Holding "that the promotion of nuclear power is not to be accomplished ‘at all costs’ "
Jones v. Rath Packing Co.
430 U.S. 519 (1977) Cited 1,189 times 3 Legal Analyses
Holding that the presumption is weaker, if triggered at all, where there is not a tradition of state legislation
Cook, Perkiss Liehe v. N.C. Collection Serv
911 F.2d 242 (9th Cir. 1990) Cited 2,266 times 2 Legal Analyses
Holding that an advertisement that "impl[ies] lower rates and better services than those of a competitor . . . constitutes puffery and is not actionable as false advertising"
Ascon Properties, Inc. v. Mobil Oil Co.
866 F.2d 1149 (9th Cir. 1989) Cited 1,345 times
Holding that the ninety-day notice requirement is jurisdictional
A M Records, Inc. v. Napster, Inc.
239 F.3d 1004 (9th Cir. 2001) Cited 745 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
United Church v. Chicago
502 F.3d 616 (7th Cir. 2007) Cited 567 times
Holding that RLUIPA, by its own terms, does not apply to eminent domain proceedings
Zacchini v. Scripps-Howard Broadcasting Co.
433 U.S. 562 (1977) Cited 350 times 11 Legal Analyses
Holding a state may privilege the press by exempting it from a right-of-publicity tort
McBride v. Boughton
123 Cal.App.4th 379 (Cal. Ct. App. 2004) Cited 486 times
Holding that common count will "stand or fall" with cause of action seeking the same recovery
Davidson Associates v. Jung
422 F.3d 630 (8th Cir. 2005) Cited 270 times 1 Legal Analyses
Finding a DMCA violation where the defendant developed and used an "emulator" that "allowed . . . access [to] Battle.net mode features without a valid or unique CD key"
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 354,229 times 943 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Section 101 - Definitions
17 U.S.C. § 101 Cited 6,452 times 175 Legal Analyses
Recognizing the United States' adherence to provisions of the Berne Convention of 1886
Section 106 - Exclusive rights in copyrighted works
17 U.S.C. § 106 Cited 3,830 times 108 Legal Analyses
Granting the owners of copyrights in “literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works” the exclusive right “to display the copyrighted work publicly”
Section 102 - Subject matter of copyright: In general
17 U.S.C. § 102 Cited 2,281 times 121 Legal Analyses
Granting protection to "literary works"
Section 301 - Preemption with respect to other laws
17 U.S.C. § 301 Cited 1,424 times 20 Legal Analyses
Stating that when "legal or equitable rights ... are equivalent to any of the exclusive rights within the general scope of copyright ... no person is entitled to any such right or equivalent right in any such work under the common law or statutes of any State"
Section 51 - Action for injunction and for damages
N.Y. Civ. Rights Law § 51 Cited 566 times 13 Legal Analyses
Affording cause of action for commercial use of name or picture without prior written consent
Section 3344 - Using another's name, voice, signature, photograph or likeness
Cal. Civ. Code § 3344 Cited 394 times 47 Legal Analyses
Granting $5728.42 of the $15,437.72 requested

Ana Maria Alberghetti et al v. Corbis Corporation

33 Cited authorities

Holding that allegations of conduct that are merely consistent with wrongdoing do not state a claim unless "placed in a context that raises a suggestion of" such wrongdoing

Holding "that the promotion of nuclear power is not to be accomplished ‘at all costs’ "

Holding that the presumption is weaker, if triggered at all, where there is not a tradition of state legislation

Holding that an advertisement that "impl[ies] lower rates and better services than those of a competitor . . . constitutes puffery and is not actionable as false advertising"

Holding that the ninety-day notice requirement is jurisdictional

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

Holding that RLUIPA, by its own terms, does not apply to eminent domain proceedings

Holding a state may privilege the press by exempting it from a right-of-publicity tort

Holding that common count will "stand or fall" with cause of action seeking the same recovery

Finding a DMCA violation where the defendant developed and used an "emulator" that "allowed . . . access [to] Battle.net mode features without a valid or unique CD key"

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

Recognizing the United States' adherence to provisions of the Berne Convention of 1886

Granting the owners of copyrights in “literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works” the exclusive right “to display the copyrighted work publicly”

Granting protection to "literary works"

Stating that when "legal or equitable rights ... are equivalent to any of the exclusive rights within the general scope of copyright ... no person is entitled to any such right or equivalent right in any such work under the common law or statutes of any State"

Affording cause of action for commercial use of name or picture without prior written consent

Granting $5728.42 of the $15,437.72 requested