33 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 252,784 times   279 Legal Analyses
    Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable
  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 266,697 times   365 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. Lexmark Int'l, Inc. v. Static Control Components, Inc.

    572 U.S. 118 (2014)   Cited 2,835 times   69 Legal Analyses
    Holding that a plaintiff seeking to bring suit under a federal statute must show not only that he has standing under Article III, but also that his "complaint fall within the zone of interests protected by the law" invoked
  4. Phillips v. County of Allegheny

    515 F.3d 224 (3d Cir. 2008)   Cited 16,825 times   2 Legal Analyses
    Holding that a district court need not permit a curative amendment if such amendment would be futile
  5. Fair Wind Sailing, Inc. v. Dempster

    764 F.3d 303 (3d Cir. 2014)   Cited 2,371 times   10 Legal Analyses
    Holding that Octane Fitness 's interpretation of an "exceptional" case under the Patent Act controls its interpretation under § 1117 because the language is identical and because Congress referenced the Patent Act in passing § 1117
  6. Hedges v. U.S.

    404 F.3d 744 (3d Cir. 2005)   Cited 2,926 times
    Holding the SIAA's two-year statute of limitations, previously codified at 46 U.S.C. § 745, was not jurisdictional and therefore subject to equitable tolling
  7. MedellÍn v. Texas

    552 U.S. 491 (2008)   Cited 488 times   6 Legal Analyses
    Holding that President George W. Bush's memorandum in response to an international court's decision was "not a rule of domestic law binding in state and federal courts"
  8. Babbit Electronics, Inc. v. Dynascan Corp.

    38 F.3d 1161 (11th Cir. 1994)   Cited 213 times   2 Legal Analyses
    Holding that the "substantial effects" test was met when telephones were shipped through the United States and the primary defendant was a U.S. corporation who negotiated sales from a Florida office
  9. Video Pipeline, Inc. v. Buena Vista Home Entertainment, Inc.

    210 F. Supp. 2d 552 (D.N.J. 2002)   Cited 166 times
    Holding that a party suing for breach must allege " a contract; a breach of that contract; damages flowing therefrom; and that the party performed its own contractual duties"
  10. Belmora LLC v. Bayer Consumer Care AG

    819 F.3d 697 (4th Cir. 2016)   Cited 98 times   8 Legal Analyses
    Finding plausible sales diversion injury where plaintiff alleged that customers would "forego" purchasing its products and instead purchase defendant's products
  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 345,981 times   922 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
  12. Section 1125 - False designations of origin, false descriptions, and dilution forbidden

    15 U.S.C. § 1125   Cited 15,279 times   320 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"
  13. Section 1127 - Construction and definitions; intent of chapter

    15 U.S.C. § 1127   Cited 2,943 times   95 Legal Analyses
    Granting standing under § 1114 to the legal representative of the registrant of a trademark
  14. Section 1064 - Cancellation of registration

    15 U.S.C. § 1064   Cited 884 times   47 Legal Analyses
    Allowing a petition to cancel a certification mark if the registered owner "discriminately refuses to certify" qualifying goods or services
  15. Section 56:4-1 - Appropriation of name, brand, trade-mark, reputation or goodwill of maker by dealer in product of maker

    N.J. Stat. § 56:4-1   Cited 232 times   2 Legal Analyses

    No merchant, firm or corporation shall appropriate for his or their own use a name, brand, trade-mark, reputation or goodwill of any maker in whose product such merchant, firm or corporation deals. N.J.S. § 56:4-1 Amended by L.1975, c.107, s.2.