17 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 266,946 times 281 Legal Analyses
Holding court need not credit "mere conclusory statements" in complaint
Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 279,983 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
Foman v. Davis
371 U.S. 178 (1962) Cited 29,762 times 4 Legal Analyses
Holding that an appeal was improperly dismissed when the record as a whole — including a timely but incomplete notice of appeal and a premature but complete notice — revealed the orders petitioner sought to appeal
Feist Publications, Inc. v. Rural Tel. Service Co.
499 U.S. 340 (1991) Cited 3,559 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"
Jorgensen v. Epic/Sony Records
351 F.3d 46 (2d Cir. 2003) Cited 713 times
Holding that infringer had access to copyright owners work where there was a "reasonable possibility" of encountering it
Castle Rock Entertain. v. Carol Publish. Group
150 F.3d 132 (2d Cir. 1998) Cited 423 times 9 Legal Analyses
Holding that the fourth factor favored the plaintiffs, who produced a television show, because the defendants, who had produced a trivia book about that show, had entered a market that the plaintiffs might wish to enter
Rogers v. Koons
960 F.2d 301 (2d Cir. 1992) Cited 286 times 7 Legal Analyses
Holding that requiring a defendant to turn over infringing works "is an equitable remedy issued under the broad powers vested in a trial judge"
Tufenkian Import/Export Ventures, Inc. v. Einstein Moomjy, Inc.
338 F.3d 127 (2d Cir. 2003) Cited 204 times
Describing test for substantial similarity regarding copyright infringement claim involving a rug design, which included both protectable and non-protectable elements
Kelly v. L.L. Cool J.
145 F.R.D. 32 (S.D.N.Y. 1992) Cited 204 times
Holding that, to adequately plead copyright infringement, a plaintiff must allege "by what acts during what time the defendant infringed the copyright"
Laureyssens v. Idea Group, Inc.
964 F.2d 131 (2d Cir. 1992) Cited 197 times
Holding that evidence of intentionally copying trade dress or product design can support inference of intent to benefit from good will of prior user through confusion
Rule 8 - General Rules of Pleading
Fed. R. Civ. P. 8 Cited 163,974 times 197 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Rule 15 - Amended and Supplemental Pleadings
Fed. R. Civ. P. 15 Cited 94,847 times 92 Legal Analyses
Finding that, per N.Y. C.P.L.R. § 1024, New York law provides a more forgiving principle for relation back in the context of naming John Doe defendants described with particularity in the complaint

Domino Recording Company, Inc. et al v. Interscope Geffen A & M Records et al

17 Cited authorities

Holding court need not credit "mere conclusory statements" in complaint

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 an appeal was improperly dismissed when the record as a whole — including a timely but incomplete notice of appeal and a premature but complete notice — revealed the orders petitioner sought to appeal

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 infringer had access to copyright owners work where there was a "reasonable possibility" of encountering it

Holding that the fourth factor favored the plaintiffs, who produced a television show, because the defendants, who had produced a trivia book about that show, had entered a market that the plaintiffs might wish to enter

Holding that requiring a defendant to turn over infringing works "is an equitable remedy issued under the broad powers vested in a trial judge"

Describing test for substantial similarity regarding copyright infringement claim involving a rug design, which included both protectable and non-protectable elements

Holding that, to adequately plead copyright infringement, a plaintiff must allege "by what acts during what time the defendant infringed the copyright"

Holding that evidence of intentionally copying trade dress or product design can support inference of intent to benefit from good will of prior user through confusion

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

Finding that, per N.Y. C.P.L.R. § 1024, New York law provides a more forgiving principle for relation back in the context of naming John Doe defendants described with particularity in the complaint