47 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 255,028 times 280 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
Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 268,776 times 367 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' "
Conley v. Gibson
355 U.S. 41 (1957) Cited 58,646 times 25 Legal Analyses
Holding that "a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief"
Feist Publications, Inc. v. Rural Tel. Service Co.
499 U.S. 340 (1991) Cited 3,383 times 44 Legal Analyses
Holding "it is beyond dispute that compilations of facts are within the subject matter of copyright" even though "copyright protects only the author's original contributions—not the facts or information conveyed"
Fogerty v. Fantasy, Inc.
510 U.S. 517 (1994) Cited 2,837 times 30 Legal Analyses
Holding that under the Copyright Act fee-shifting statute, 17 U.S.C. § 505, defendants and plaintiffs are to be treated the same, contrary to the Court's interpretation of § 1988
Harper & Row, Publishers, Inc. v. Nation Enterprises
471 U.S. 539 (1985) Cited 1,217 times 14 Legal Analyses
Holding that if a new work "supersede the use of the original," it is probably not a fair use
Campbell v. Acuff-Rose Music, Inc.
510 U.S. 569 (1994) Cited 633 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”
Whittlestone, Inc. v. Handi-Craft Co.
618 F.3d 970 (9th Cir. 2010) Cited 1,330 times 2 Legal Analyses
Holding that a motion to dismiss under Rule 12(b) is the appropriate means of disposing of an improper claim for relief
Fantasy, Inc. v. Fogerty
984 F.2d 1524 (9th Cir. 1993) Cited 1,366 times 1 Legal Analyses
Holding that the district court properly struck lengthy, stale and previously litigated factual allegations to streamline the action
International Star Cl. Yacht v. Tommy Hilfiger
146 F.3d 66 (2d Cir. 1998) Cited 393 times
Holding that it was defendant's burden to prove any deduction for sales not based on the infringing mark as opposed to defendant's own well-known mark and reputation
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 348,310 times 930 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Rule 56 - Summary Judgment
Fed. R. Civ. P. 56 Cited 329,940 times 158 Legal Analyses
Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit
Rule 8 - General Rules of Pleading
Fed. R. Civ. P. 8 Cited 157,506 times 196 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Rule 201 - Judicial Notice of Adjudicative Facts
Fed. R. Evid. 201 Cited 28,526 times 26 Legal Analyses
Holding "[n]ormally, in deciding a motion to dismiss for failure to state a claim, courts must limit their inquiry to the facts stated in the complaint and the documents either attached to or incorporated in the complaint. However, courts may also consider matters of which they may take judicial notice."
Section 101 - Definitions
17 U.S.C. § 101 Cited 6,374 times 175 Legal Analyses
Recognizing the United States' adherence to provisions of the Berne Convention of 1886
Section 102 - Subject matter of copyright: In general
17 U.S.C. § 102 Cited 2,259 times 121 Legal Analyses
Granting protection to "literary works"
Section 107 - Limitations on exclusive rights: Fair use
17 U.S.C. § 107 Cited 1,016 times 177 Legal Analyses
Designating “criticism” and “comment” as fair use
Section 412 - Registration as prerequisite to certain remedies for infringement
17 U.S.C. § 412 Cited 641 times 23 Legal Analyses
Prohibiting statutory damages and attorney's fees if the work is not registered before infringement commences, or within three months of the work's first publication
Section 6250 - Legislative intent
Cal. Gov. Code § 6250 Cited 655 times 12 Legal Analyses
In section 6250, the Legislature declared it was “ ‘mindful of the right of individuals to privacy,’ ” and the dual concern for privacy and disclosure appears in numerous provisions throughout the CPRA.

City of Inglewood v. Joseph Teixeira et al

47 Cited authorities

Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable

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' "

Holding that "a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief"

Holding "it is beyond dispute that compilations of facts are within the subject matter of copyright" even though "copyright protects only the author's original contributions—not the facts or information conveyed"

Holding that under the Copyright Act fee-shifting statute, 17 U.S.C. § 505, defendants and plaintiffs are to be treated the same, contrary to the Court's interpretation of § 1988

Holding that if a new work "supersede the use of the original," it is probably not a fair use

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”

Holding that a motion to dismiss under Rule 12(b) is the appropriate means of disposing of an improper claim for relief

Holding that the district court properly struck lengthy, stale and previously litigated factual allegations to streamline the action

Holding that it was defendant's burden to prove any deduction for sales not based on the infringing mark as opposed to defendant's own well-known mark and reputation

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

Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

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

Granting protection to "literary works"

Designating “criticism” and “comment” as fair use

Prohibiting statutory damages and attorney's fees if the work is not registered before infringement commences, or within three months of the work's first publication

In section 6250, the Legislature declared it was “ ‘mindful of the right of individuals to privacy,’ ” and the dual concern for privacy and disclosure appears in numerous provisions throughout the CPRA.