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Land's End at Sunset Beach Community Association, Inc. et al v. Land's End Acquisition Corporation

MOTION to dismiss for failure to state a claim

47 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 262,357 times   281 Legal Analyses
    Holding court need not credit "mere conclusory statements" in complaint

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 275,664 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

  3. Tellabs v. Makor Issues Rights

    551 U.S. 308 (2007)   Cited 9,427 times   105 Legal Analyses
    Holding that a strong inference is one that is "cogent and at least as compelling as any opposing inference"

  4. Bonner v. City of Prichard

    661 F.2d 1206 (11th Cir. 1981)   Cited 16,327 times   2 Legal Analyses
    Holding that all the decisions of the "old Fifth" Circuit handed down prior to close of business on September 30, 1981, are binding precedent in the Eleventh Circuit

  5. Franklin v. Curry

    738 F.3d 1246 (11th Cir. 2013)   Cited 402 times   1 Legal Analyses
    Holding that in evaluating whether a complaint states a claim under § 1983 against a supervisor for the violation of the plaintiff's constitutional rights, the court must first identify the precise constitutional violation charged, e.g., deliberate indifference, and then determine whether the complaint alleges the required elements against the supervisor

  6. Jacobs v. Tempur-Pedic Intern

    626 F.3d 1327 (11th Cir. 2010)   Cited 385 times
    Holding an allegation insufficient that stated plaintiff's resale price fixing agreements "have unreasonably restrained, do unreasonably restrain, and will continue to unreasonably restrain trade and commerce in the visco-elastic mattress market ... by eliminating price competition" (omission in original)

  7. Tana v. Dantanna's

    611 F.3d 767 (11th Cir. 2010)   Cited 377 times   3 Legal Analyses
    Holding that "[t]he district court did not err in considering the geographic proximity of use as an eighth factor demonstrating the unlikelihood of confusion."

  8. United States ex rel. Osheroff v. Humana, Inc.

    776 F.3d 805 (11th Cir. 2015)   Cited 255 times   5 Legal Analyses
    Holding relator was not original source because he provided only additional background information to the publicly disclosed fraud

  9. Welding Ser. v. Forman

    509 F.3d 1351 (11th Cir. 2007)   Cited 219 times   2 Legal Analyses
    Holding that term "Welding Services" is generic mark when used to describe business that provided welded metal overlay services and fabrications

  10. Custom Mfg. v. Midway

    508 F.3d 641 (11th Cir. 2007)   Cited 209 times
    Holding that Florida unfair competition and trademark infringement use the same likelihood of confusion analysis as the federal Lanham Act test

  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 356,694 times   945 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 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 39,792 times   329 Legal Analyses
    Requiring that fraud be pleaded with particularity

  13. Rule 11 - Signing Pleadings, Motions, and Other Papers; Representations to the Court; Sanctions

    Fed. R. Civ. P. 11   Cited 36,869 times   148 Legal Analyses
    Holding an "unrepresented party" to the same standard as an attorney

  14. Rule 201 - Judicial Notice of Adjudicative Facts

    Fed. R. Evid. 201   Cited 29,309 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."

  15. Rule 10 - Form of Pleadings

    Fed. R. Civ. P. 10   Cited 20,198 times   10 Legal Analyses
    Holding exhibits attached to complaint may be treated as part of complaint for purposes of ruling on 12(b) motion

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

    15 U.S.C. § 1125   Cited 15,603 times   324 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"

  17. Section 1114 - Remedies; infringement; innocent infringement by printers and publishers

    15 U.S.C. § 1114   Cited 8,101 times   90 Legal Analyses
    Holding liable "Any person who shall, without the consent of the registrant — use in commerce any reproduction . . . of a registered mark . . . in connection with which such use is likely to cause confusion."

  18. Section 1065 - Incontestability of right to use mark under certain conditions

    15 U.S.C. § 1065   Cited 1,120 times   16 Legal Analyses
    Listing the requirements for incontestability

  19. Section 1057 - Certificates of registration

    15 U.S.C. § 1057   Cited 1,037 times   5 Legal Analyses
    Providing that a certificate of registration is prima facie evidence of an owner's right to use the mark