§Why CasetextPricing

Foremost Farms USA, Cooperative v. Diamond V Mills, Inc.

Brief in Support of 13 Motion to Dismiss

56 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 257,305 times   280 Legal Analyses
    Holding for a complaint to survive Rule 12(b), it must "state a claim to relief that is plausible on its face"

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 270,937 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' "

  3. Already, LLC v. Nike, Inc.

    568 U.S. 85 (2013)   Cited 1,422 times   19 Legal Analyses
    Holding that Nike's unilateral covenant not to sue mooted Already's trademark invalidity claim

  4. Brooks v. Ross

    578 F.3d 574 (7th Cir. 2009)   Cited 3,276 times
    Holding that a claim is plausible if the facts alleged raise a reasonable expectation that discovery will yield evidence supporting the allegations

  5. Swanson v. Citibank

    614 F.3d 400 (7th Cir. 2010)   Cited 2,033 times   2 Legal Analyses
    Holding plaintiff stated a claim under § 3605

  6. McCauley v. City of Chicago

    671 F.3d 611 (7th Cir. 2011)   Cited 1,574 times
    Holding that to survive a motion to dismiss, a claim against a city for indemnification of a constitutional violation requires an allegation of an underlying constitutional violation

  7. Fleischmann Corp. v. Maier Brewing

    386 U.S. 714 (1967)   Cited 680 times   1 Legal Analyses
    Finding that the Lanham Act did not allow for counsel fees because the original text did not provide for them, nor did any subsequent amendments to the statute

  8. Packman v. Chi. Tribune Co.

    267 F.3d 628 (7th Cir. 2001)   Cited 513 times
    Holding that the supposed actual confusion among four of plaintiff's friends, none of whom had attempted to purchase the parties' goods, was "irrelevant to the question of confusion" because the four friends "were not relevant consumers under the Lanham Act" and, at best, showed "de minimis evidence of confusion"

  9. Nike, Inc. v. Already, LLC

    663 F.3d 89 (2d Cir. 2011)   Cited 320 times   4 Legal Analyses
    Holding that declaratory judgment claim was nonjusticiable because declaratory defendant, in covenant not to sue, “ ‘unconditionally’ and permanently renounced its right to claim, demand or ‘commenc[e], caus[e] or permit to be prosecuted any action in law or in equity’ ”

  10. CAE, Inc. v. Clean Air Engineering, Inc.

    267 F.3d 660 (7th Cir. 2001)   Cited 280 times   1 Legal Analyses
    Holding that the individuals plaintiff advanced as actually confused were not relevant "consumers" under the Lanham Act because plaintiff did not show that they purchased or attempted to purchase the goods in question

  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 351,086 times   937 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 158,801 times   196 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  13. Section 1367 - Supplemental jurisdiction

    28 U.S.C. § 1367   Cited 62,785 times   78 Legal Analyses
    Holding that in civil actions proceeding in federal court based solely on diversity jurisdiction under 28 U.S.C. § 1332, the district court "shall not have supplemental jurisdiction" over "claims by plaintiffs against persons made parties under Rule . . . 24" or "over claims by persons . . seeking to intervene as plaintiffs under Rule 24," if "exercising supplemental jurisdiction over such claims would be inconsistent with the jurisdictional requirements of section 1332"

  14. Rule 5 - Serving and Filing Pleadings and Other Papers

    Fed. R. Civ. P. 5   Cited 22,480 times   16 Legal Analyses
    Allowing service by filing papers with the court's electronic-filing system

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

    15 U.S.C. § 1125   Cited 15,420 times   322 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"

  16. Section 1051 - Application for registration; verification

    15 U.S.C. § 1051   Cited 3,812 times   124 Legal Analyses
    Requiring a filing of a Statement of Use to register a mark

  17. Section 1127 - Construction and definitions; intent of chapter

    15 U.S.C. § 1127   Cited 2,961 times   96 Legal Analyses
    Granting standing under § 1114 to the legal representative of the registrant of a trademark

  18. Section 1115 - Registration on principal register as evidence of exclusive right to use mark; defenses

    15 U.S.C. § 1115   Cited 1,919 times   34 Legal Analyses
    Providing that registration of a mark "shall be prima facie evidence of the validity of the registered mark" but "shall not preclude another person from proving any legal or equitable defense or defect"

  19. Section 1064 - Cancellation of registration

    15 U.S.C. § 1064   Cited 891 times   49 Legal Analyses
    Allowing a petition to cancel a certification mark if the registered owner "discriminately refuses to certify" qualifying goods or services

  20. Section 1119 - Power of court over registration

    15 U.S.C. § 1119   Cited 813 times   13 Legal Analyses
    Granting the court the power in an action involving a registered mark to order the cancellation of a registration