68 Cited authorities

Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 276,716 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
Burger King Corp. v. Rudzewicz
471 U.S. 462 (1985) Cited 17,212 times 46 Legal Analyses
Holding that a defendant has "fair warning" if he purposefully directs his activities at residents of the forum and if the litigation results from alleged injuries arising out of or relating to those activities.
Feist Publications, Inc. v. Rural Tel. Service Co.
499 U.S. 340 (1991) Cited 3,518 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"
Int'l Shoe Co. v. Washington
326 U.S. 310 (1945) Cited 23,009 times 110 Legal Analyses
Holding that states may exercise personal jurisdiction over out-of-state defendants with "certain minimum contacts with [the forum] such that the maintenance of the suit does not offend ‘traditional notions of fair play and substantial justice’ " (quoting Milliken v. Meyer , 311 U.S. 457, 463, 61 S.Ct. 339, 85 L.Ed. 278 (1940) )
ATSI Communications, Inc. v. Shaar Fund, Ltd.
493 F.3d 87 (2d Cir. 2007) Cited 3,986 times 6 Legal Analyses
Holding that because "a plaintiff must show . . . a primary violation by the controlled person" in order to "establish a prima facie case of control[-]person liability," a plaintiff who "fails to allege any primary violation . . . cannot establish control[-]person liability"
Dastar Corp. v. Twentieth Century Fox Film Corp.
539 U.S. 23 (2003) Cited 755 times 23 Legal Analyses
Holding that federal trademark law helps assure the mark holder that it "will reap the financial, reputation-related rewards associated with a desirable product" rather than an imitator (quoting Qualitex Co. v. Jacobson Prods. Co. , 514 U.S. 159, 163–164, 115 S.Ct. 1300, 131 L.Ed.2d 248 (1995) )
Mangiafico v. Blumenthal
471 F.3d 391 (2d Cir. 2006) Cited 1,005 times
Holding that a motion to dismiss is not converted where the court refers to extraneous material for background purposes but does not rely on it as a basis for dismissal
Best Van Lines v. Walker
490 F.3d 239 (2d Cir. 2007) Cited 767 times
Holding that we proceed to the constitutional prong of the analysis "[i]f, but only if" we conclude that there is a statutory basis for personal jurisdiction
Small v. Lorillard Tobacco Co.
94 N.Y.2d 43 (N.Y. 1999) Cited 706 times 7 Legal Analyses
Holding that where the underlying tort theory fails, "there is no independent tort to provide a basis for liability under . . . concert of action, conspiracy, and aiding and abetting theories"
Eldred v. Ashcroft
537 U.S. 186 (2003) Cited 193 times 6 Legal Analyses
Holding that “every idea, theory, and fact in a copyrighted work becomes instantly available for public exploitation at the moment of publication.”
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 357,835 times 950 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Rule 201 - Judicial Notice of Adjudicative Facts
Fed. R. Evid. 201 Cited 29,431 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 349 - Deceptive acts and practices unlawful
N.Y. Gen. Bus. Law § 349 Cited 4,953 times 110 Legal Analyses
Granting "any person who has been injured by reason of any violation of this section" the right to "bring an action in his own name"
Section 106 - Exclusive rights in copyrighted works
17 U.S.C. § 106 Cited 3,870 times 108 Legal Analyses
Granting the owners of copyrights in “literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works” the exclusive right “to display the copyrighted work publicly”
Section 230 - Protection for private blocking and screening of offensive material
47 U.S.C. § 230 Cited 1,064 times 169 Legal Analyses
Preempting state law
Section 1202 - Integrity of copyright management information
17 U.S.C. § 1202 Cited 575 times 30 Legal Analyses
Providing that "[n]o person shall knowingly and with the intent to induce, enable, facilitate, or conceal infringement . . ."
Section 1203 - Civil remedies
17 U.S.C. § 1203 Cited 297 times 2 Legal Analyses
Granting discretionary award to "prevailing party"
Section 109 - Limitations on exclusive rights: Effect of transfer of particular copy or phonorecord
17 U.S.C. § 109 Cited 240 times 72 Legal Analyses
Describing the "first sale" doctrine
Section 104A - Copyright in restored works
17 U.S.C. § 104A Cited 43 times 5 Legal Analyses
Setting out eligibility criteria

Highsmith v. Getty Images (US), INC., et al

68 Cited authorities

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 a defendant has "fair warning" if he purposefully directs his activities at residents of the forum and if the litigation results from alleged injuries arising out of or relating to those activities.

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 because "a plaintiff must show . . . a primary violation by the controlled person" in order to "establish a prima facie case of control[-]person liability," a plaintiff who "fails to allege any primary violation . . . cannot establish control[-]person liability"

Holding that federal trademark law helps assure the mark holder that it "will reap the financial, reputation-related rewards associated with a desirable product" rather than an imitator (quoting Qualitex Co. v. Jacobson Prods. Co. , 514 U.S. 159, 163–164, 115 S.Ct. 1300, 131 L.Ed.2d 248 (1995) )

Holding that a motion to dismiss is not converted where the court refers to extraneous material for background purposes but does not rely on it as a basis for dismissal

Holding that we proceed to the constitutional prong of the analysis "[i]f, but only if" we conclude that there is a statutory basis for personal jurisdiction

Holding that where the underlying tort theory fails, "there is no independent tort to provide a basis for liability under . . . concert of action, conspiracy, and aiding and abetting theories"

Holding that “every idea, theory, and fact in a copyrighted work becomes instantly available for public exploitation at the moment of publication.”

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

Granting "any person who has been injured by reason of any violation of this section" the right to "bring an action in his own name"

Granting the owners of copyrights in “literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works” the exclusive right “to display the copyrighted work publicly”

Preempting state law

Providing that "[n]o person shall knowingly and with the intent to induce, enable, facilitate, or conceal infringement . . ."

Granting discretionary award to "prevailing party"

Describing the "first sale" doctrine

Setting out eligibility criteria