§Why CasetextPricing

Boarding School Review, LLC v. Delta Career Education Corporation et al

MEMORANDUM OF LAW in Opposition re: 17 MOTION to Dismiss the Counterclaim of defendants / Counterclaim plaintiffs.. Document

32 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 252,626 times   279 Legal Analyses
    Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 266,542 times   365 Legal Analyses
    Holding that a complaint's allegations should "contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face' "

  3. Harper & Row, Publishers, Inc. v. Nation Enterprises

    471 U.S. 539 (1985)   Cited 1,215 times   14 Legal Analyses
    Holding that if a new work "supersede the use of the original," it is probably not a fair use

  4. Sony Corp. v. Universal City Studios, Inc.

    464 U.S. 417 (1984)   Cited 967 times   27 Legal Analyses
    Holding identical copying of videotapes under unique circumstances of case “[did] not have its ordinary effect of militating against a finding of fair use”

  5. Campbell v. Acuff-Rose Music, Inc.

    510 U.S. 569 (1994)   Cited 629 times   71 Legal Analyses
    Holding that “[i]t was error for the Court of Appeals to conclude that the commercial nature of [a secondary work] rendered it presumptively unfair”

  6. Panavision International, L.P. v. Toeppen

    141 F.3d 1316 (9th Cir. 1998)   Cited 1,147 times   1 Legal Analyses
    Holding that personal jurisdiction existed where “[t]he brunt of the harm ... was felt in California,” and the defendant “knew Panavision would likely suffer harm there because, although at all relevant times Panavision was a Delaware limited partnership, its principal place of business was in California”

  7. Black v. Coughlin

    76 F.3d 72 (2d Cir. 1996)   Cited 676 times
    Holding that a defendant in a Section 1983 cannot be held liable for damages for constitutional violations merely because she held a high position of authority

  8. First Nationwide Bank v. Gelt Funding Corp.

    27 F.3d 763 (2d Cir. 1994)   Cited 658 times
    Holding that allegations of a methodologically unreliable appraisal were not sufficient to establish property values as a fact in a RICO complaint

  9. Polaroid Corp. v. Polarad Electronics Corp.

    287 F.2d 492 (2d Cir. 1961)   Cited 1,217 times   16 Legal Analyses
    Listing factors, including actual confusion, to be considered in assessing whether the Lanham Act’s "likelihood of confusion" test for infringement is met

  10. Nabisco, Inc. v. Warner-Lambert Co.

    220 F.3d 43 (2d Cir. 2000)   Cited 269 times
    Holding that the shared use of the word "Ice" was unlikely to cause confusion given the differences in the overall appearance of the products

  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 345,805 times   922 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  12. Section 1125 - False designations of origin, false descriptions, and dilution forbidden

    15 U.S.C. § 1125   Cited 15,274 times   320 Legal Analyses
    Holding "the person who asserts trade dress protection has the burden of proving that the matter sought to be protected is not functional"

  13. Section 1114 - Remedies; infringement; innocent infringement by printers and publishers

    15 U.S.C. § 1114   Cited 7,907 times   88 Legal Analyses
    Holding liable "Any person who shall, without the consent of the registrant — use in commerce any reproduction . . . of a registered mark . . . in connection with which such use is likely to cause confusion."

  14. Section 101 - Definitions

    17 U.S.C. § 101   Cited 6,332 times   174 Legal Analyses
    Recognizing the United States' adherence to provisions of the Berne Convention of 1886

  15. Section 106 - Exclusive rights in copyrighted works

    17 U.S.C. § 106   Cited 3,745 times   107 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”

  16. Section 501 - Infringement of copyright

    17 U.S.C. § 501   Cited 3,164 times   26 Legal Analyses
    Granting a cause of action to "[t]he legal or beneficial owner of an exclusive right under a copyright"

  17. Section 107 - Limitations on exclusive rights: Fair use

    17 U.S.C. § 107   Cited 1,012 times   177 Legal Analyses
    Designating “criticism” and “comment” as fair use