Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 267,040 times 365 Legal AnalysesHolding 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' "
Cleveland v. Caplaw Enters.
448 F.3d 518 (2d Cir. 2006) Cited 962 times 2 Legal AnalysesHolding district court was not required to convert motion to summary judgment where court did not consider deposition excerpts but, rather, relied only upon pleadings and contract incorporated by reference into the pleadings
Acito v. Imcera Group, Inc.
47 F.3d 47 (2d Cir. 1995) Cited 1,130 times 1 Legal AnalysesHolding that selling stock, by itself, insufficient to plead scienter, absent allegations that "stock sales were 'unusual'"
Polaroid Corp. v. Polarad Electronics Corp.
287 F.2d 492 (2d Cir. 1961) Cited 1,217 times 16 Legal AnalysesListing factors, including actual confusion, to be considered in assessing whether the Lanham Act’s "likelihood of confusion" test for infringement is met
Streetwise Maps, Inc. v. VanDam, Inc.
159 F.3d 739 (2d Cir. 1998) Cited 293 timesHolding that “the registration certificate relating to the derivative work ... will suffice to permit [the plaintiff] to maintain an action for infringement based on defendants' infringement of the preexisting work”
Conopco, Inc. v. Campbell Soup Company
95 F.3d 187 (2d Cir. 1996) Cited 270 times 5 Legal AnalysesHolding that when the statute of limitations period has not run, a defendant may claim laches but has the burden of proof to demonstrate it
Trustees of Plumbers Pen. v. Transworld
886 F. Supp. 1134 (S.D.N.Y. 1995) Cited 256 times 1 Legal AnalysesHolding in May of 1995 that "the Criminal Case should be completed by the end of this year, which would not unreasonably prolong this case"
In re Scottish re Group Securities Litigation
524 F. Supp. 2d 370 (S.D.N.Y. 2007) Cited 137 times 1 Legal AnalysesHolding that “plaintiffs' factual allegations, accepted as true, suggest that the Company recklessly or intentionally misled investors as to the state of its internal controls”
Plus Products v. Plus Discount Foods, Inc.
722 F.2d 999 (2d Cir. 1983) Cited 145 timesHolding that a food store's offering of vitamins was proximate to a nutritional company's vitamin product
Devaney v. Chester
813 F.2d 566 (2d Cir. 1987) Cited 130 timesHolding that the plaintiff could not realistically plead the defendant's actual state of mind
Rule 9 - Pleading Special Matters
Fed. R. Civ. P. 9 Cited 38,954 times 317 Legal AnalysesPermitting "[m]alice, intent, knowledge, and other conditions of a person's mind [to] be alleged generally"
Section 1001 - Statements or entries generally
18 U.S.C. § 1001 Cited 7,336 times 300 Legal AnalysesMaking false statements
Section 1057 - Certificates of registration
15 U.S.C. § 1057 Cited 1,020 times 5 Legal AnalysesProviding that a certificate of registration is prima facie evidence of an owner's right to use the mark
Section 1064 - Cancellation of registration
15 U.S.C. § 1064 Cited 884 times 47 Legal AnalysesAllowing a petition to cancel a certification mark if the registered owner "discriminately refuses to certify" qualifying goods or services
Section 1119 - Power of court over registration
15 U.S.C. § 1119 Cited 807 times 12 Legal AnalysesGranting the court the power in an action involving a registered mark to order the cancellation of a registration
Section 2.111 - Filing petition for cancellation
37 C.F.R. § 2.111 Cited 12 times(a) A cancellation proceeding is commenced by filing in the Office a timely petition for cancellation with the required fee. (b) Any person who believes that he, she, or it is or will be damaged by a registration may file a petition, addressed to the Trademark Trial and Appeal Board, for cancellation of the registration in whole or in part. The petition for cancellation need not be verified, but must be signed by the petitioner or the petitioner's attorney, as specified in § 11.1 of this chapter