§Why CasetextPricing

craigslist, Inc. et al v. Autoposterpro, Inc. et al

Memorandum in Opposition re MOTION to Dismiss

69 Cited authorities

  1. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 279,746 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

  2. Erickson v. Pardus

    551 U.S. 89 (2007)   Cited 65,199 times   3 Legal Analyses
    Holding that a complaint must "give the defendant fair notice of what the . . . claim is and the grounds upon which it rests"

  3. Swierkiewicz v. Sorema N.A.

    534 U.S. 506 (2002)   Cited 17,347 times   20 Legal Analyses
    Holding with regard to a 67-year-old plaintiff and a 59-year-old comparator that " difference of eight years between the age of the person discharged and his replacement . . . is not insignificant"

  4. Feist Publications, Inc. v. Rural Tel. Service Co.

    499 U.S. 340 (1991)   Cited 3,557 times   45 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"

  5. Vess v. Ciba-Geigy Corp. USA

    317 F.3d 1097 (9th Cir. 2003)   Cited 4,355 times   3 Legal Analyses
    Holding that the Rule 9(b) pleading standards apply to California CLRA, FAL, and UCL claims because, though fraud is not an essential element of those statutes, a plaintiff alleges a fraudulent course of conduct as the basis of those claims

  6. Cooper v. Pickett

    122 F.3d 1186 (9th Cir. 1997)   Cited 1,272 times
    Holding that where complaint asserting claims of improper revenue recognition identified some of the defrauded customers, the type of conduct, the general time frame, and why the conduct was fraudulent, it was "not fatal to the complaint that it [did] not describe in detail a single specific transaction . . . by customer, amount, and precise method"

  7. Pareto v. Federal Deposit Insurance Corp.

    139 F.3d 696 (9th Cir. 1998)   Cited 1,224 times   1 Legal Analyses
    Holding that the FDIC accedes to the rights of the failed bank's shareholders under § 1821(d)

  8. Gilligan v. Jamco Development Corp.

    108 F.3d 246 (9th Cir. 1997)   Cited 965 times
    Setting forth elements of a FHA claim

  9. Ellison v. Robertson

    357 F.3d 1072 (9th Cir. 2004)   Cited 665 times   3 Legal Analyses
    Holding that "the district court erred in concluding on summary judgment that [the ISP] satisfied the requirements of § 512" because the record showed that the ISP "allowed notices of potential copyright infringement to fall into a vacuum and to go unheeded," indicating it "had not reasonably implemented its policy against repeat infringers"

  10. Careau & Co. v. Security Pacific Business Credit, Inc.

    222 Cal.App.3d 1371 (Cal. Ct. App. 1990)   Cited 942 times
    Holding that a claim for breach of the implied covenant may be disregarded if it rests on the same set of facts as a claim for breach of contract

  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 361,353 times   960 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 163,831 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 1125 - False designations of origin, false descriptions, and dilution forbidden

    15 U.S.C. § 1125   Cited 15,763 times   327 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"

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

    15 U.S.C. § 1114   Cited 8,195 times   90 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."

  15. Section 101 - Definitions

    17 U.S.C. § 101   Cited 6,567 times   178 Legal Analyses
    Recognizing the United States' adherence to provisions of the Berne Convention of 1886

  16. Section 1030 - Fraud and related activity in connection with computers

    18 U.S.C. § 1030   Cited 3,362 times   410 Legal Analyses
    Holding cellular phones are protected

  17. Section 102 - Subject matter of copyright: In general

    17 U.S.C. § 102   Cited 2,302 times   121 Legal Analyses
    Granting protection to "literary works"

  18. Section 301 - Preemption with respect to other laws

    17 U.S.C. § 301   Cited 1,432 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"

  19. Section 103 - Subject matter of copyright: Compilations and derivative works

    17 U.S.C. § 103   Cited 579 times   9 Legal Analyses
    Extending copyright protection to "compilations"

  20. Section 1201 - Circumvention of copyright protection systems

    17 U.S.C. § 1201   Cited 573 times   33 Legal Analyses
    Making it a violation to "circumvent a technological measure that effectively controls access to a work protected under [the Copyright Act]"