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Kelly Monroe Kullberg et al v. Pure Flix Entertainment Llc et al

NOTICE OF MOTION AND MOTION to Dismiss Case

38 Cited authorities

  1. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 265,662 times   364 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' "

  2. Feist Publications, Inc. v. Rural Tel. Service Co.

    499 U.S. 340 (1991)   Cited 3,350 times   44 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"

  3. Lee v. City of L.A.

    250 F.3d 668 (9th Cir. 2001)   Cited 10,543 times   5 Legal Analyses
    Holding that the district court erred in granting a motion to dismiss "by relying on extrinsic evidence and by taking judicial notice of disputed matters of fact to support its ruling"

  4. Harper & Row, Publishers, Inc. v. Nation Enterprises

    471 U.S. 539 (1985)   Cited 1,212 times   14 Legal Analyses
    Holding that if a new work "supersede the use of the original," it is probably not a fair use

  5. Clegg v. Cult Awareness Network

    18 F.3d 752 (9th Cir. 1994)   Cited 1,845 times
    Holding that a national organization was not sufficiently connected to a "place" open to the public

  6. IN RE STAC ELECTRONICS SECURITIES LITIGATION

    89 F.3d 1399 (9th Cir. 1996)   Cited 796 times
    Holding securities section 11 claims sounding in fraud are subject to Rule 9(b) particularity requirements

  7. Peter F. Gaito Architecture, LLC v. Simone Development Corp.

    602 F.3d 57 (2d Cir. 2010)   Cited 436 times   2 Legal Analyses
    Holding that "generalized notions of where to place functional elements" are insufficient to establish substantial similarity of protected expression

  8. Dumas v. Kipp

    90 F.3d 386 (9th Cir. 1996)   Cited 358 times
    Holding that dismissal without leave to amend is appropriate where further amendment would be futile

  9. Walker v. Time Life Films, Inc.

    784 F.2d 44 (2d Cir. 1986)   Cited 432 times   1 Legal Analyses
    Holding that plaintiff's state law unfair competition claim, based on defendants’ use of plaintiff's book in a motion picture, was preempted "to the extent it seeks protection against copying of ... book"

  10. See v. Durang

    711 F.2d 141 (9th Cir. 1983)   Cited 424 times
    Finding earlier drafts irrelevant to the question of infringement

  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 344,767 times   920 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 505 - Remedies for infringement: Costs and attorney's fees

    17 U.S.C. § 505   Cited 2,965 times   70 Legal Analyses
    Granting the district court discretion to award attorney's fees to the prevailing party in copyright cases

  13. Section 102 - Subject matter of copyright: In general

    17 U.S.C. § 102   Cited 2,241 times   118 Legal Analyses
    Granting protection to "literary works"