§Why CasetextPricing

Andrew Strauss et al v. David Wills et al

NOTICE OF MOTION AND MOTION to Dismiss Case

17 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 263,477 times   281 Legal Analyses
    Holding court need not credit "mere conclusory statements" in complaint

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 276,716 times   369 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

  3. Navarro v. Block

    250 F.3d 729 (9th Cir. 2001)   Cited 5,734 times   1 Legal Analyses
    Holding that dismissal is proper where there is "an absence of sufficient facts alleged to support a cognizable legal theory"

  4. McHenry v. Renne

    84 F.3d 1172 (9th Cir. 1996)   Cited 4,385 times
    Holding that a pleading that is "argumentative, prolix, replete with redundancy," and does not state "who is being sued, for what relief, and on what theory, with enough detail to guide discovery" must be dismissed

  5. Silvers v. Sony Pictures Entertainment, Inc.

    402 F.3d 881 (9th Cir. 2005)   Cited 220 times   6 Legal Analyses
    Holding that, under § 501, only a party with an ownership interest has standing to sue

  6. Golan v. Holder

    565 U.S. 302 (2012)   Cited 45 times
    Explaining that the Statute of Anne "granted authors [exclusive rights] in order to encourage them ‘to compose and write useful Books ’ " (quoting Statute of Anne 1710, 8 Ann. c. 19 (Eng.))

  7. Righthaven Llc v. Democratic Underground Llc

    791 F. Supp. 2d 968 (D. Nev. 2011)   Cited 25 times   2 Legal Analyses
    In Righthaven, the court found that the plaintiff lacked standing to sue for infringement because the agreement between the plaintiff and the copyright owner did not transfer ownership or any of the exclusive rights defined in § 106 of the Copyright Act to the plaintiff.

  8. Crispin v. Christian Audigier, Inc.

    839 F. Supp. 2d 1086 (C.D. Cal. 2011)   Cited 7 times
    In Crispin, the parties had an alleged oral or implied agreement regarding the defendant's license to use the plaintiff's copyrighted works.

  9. Allen v. Strikes Unlimited

    No. 2:13-cv-0684 KJM DAD PS (E.D. Cal. Jul. 24, 2013)

    No. 2:13-cv-0684 KJM DAD PS 07-24-2013 JOSEPH ALLEN, Plaintiff, v. STRIKES UNLIMITED, DOUG BROWN, Defendants. DALE A. DROZD ORDER Plaintiff Joseph Allen is proceeding in this action pro se. This matter was referred to the undersigned in accordance with Local Rule 302(c)(21) and 28 U.S.C. § 636(b)(1). Plaintiff has requested leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. Plaintiff has submitted an in forma pauperis application that make the showing required by 28 U.S.C. § 1915(a)(1)

  10. In re " Santa Barbara Like It Is Today" Copyright Infringement Litigation

    94 F.R.D. 105 (D. Nev. 1982)   Cited 18 times

    In multidistrict copyright infringement actions, the District Court, Roger D. Foley, J., held that: (1) the plaintiff's first amended complaint was subject to dismissal for lack of clarity, and (2) the complaints would be dismissed with prejudice because of the plaintiff's long history of noncompliance with court orders and continuous assertion of frivolous grounds. Dismissed. Michael R. Wood, pro se. ORDER DISMISSING ACTIONS WITH PREJUDICE ROGER D. FOLEY, District Judge. On April 28, 1981, the Judicial

  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 357,835 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 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 162,084 times   197 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  13. Section 101 - Definitions

    17 U.S.C. § 101   Cited 6,521 times   177 Legal Analyses
    Recognizing the United States' adherence to provisions of the Berne Convention of 1886

  14. Section 204 - Execution of transfers of copyright ownership

    17 U.S.C. § 204   Cited 493 times   15 Legal Analyses
    Requiring that a transfer of copyright ownership must be made in a signed writing

  15. Section 304 - Duration of copyright: Subsisting copyrights

    17 U.S.C. § 304   Cited 188 times   12 Legal Analyses
    Extending the copyright term of works still under copyright in 1998 to 95 years

  16. Section 202.2 - Copyright notice

    37 C.F.R. § 202.2   Cited 19 times

    (a)General. (1) With respect to a work published before January 1, 1978, copyright was secured, or the right to secure it was lost, except for works seeking ad interim copyright, at the date of publication, i.e., the date on which copies are first placed on sale, sold, or publicly distributed, depending upon the adequacy of the notice of copyright on the work at that time. The adequacy of the copyright notice for such a work is determined by the copyright statute as it existed on the date of first

  17. Section 202.17 - Renewals

    37 C.F.R. § 202.17   Cited 2 times

    (a)General. (1) This section concerns renewal for copyrights originally secured from January 1, 1964, through December 31, 1977, either by publication with the required copyright notice or by registration as an unpublished work. Renewal registration for these works is optional. As provided in Pub. L. No. 102-307 , 106 Stat. 264, enacted June 26, 1992, renewal registration made during the last year of the original 28-year term of copyright differs in legal effect from renewal registration made during