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Marvel Worldwide, Inc. et al v. Kirby et al

MEMORANDUM OF LAW in Support re: 31 MOTION to Dismiss Counterclaims.. Document

56 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 260,142 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 273,590 times   368 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. Allen v. Wright

    468 U.S. 737 (1984)   Cited 4,832 times   9 Legal Analyses
    Holding that, even when plaintiffs allege "one of the most serious injuries recognized in our legal system," it's not justiciable where "the chain of causation between the challenged Government conduct and the asserted injury are far too weak for the chain as a whole to sustain respondents' standing"

  4. United States v. Bestfoods

    524 U.S. 51 (1998)   Cited 1,433 times   22 Legal Analyses
    Holding that ownership and control is insufficient to demonstrate an alter-ego relationship

  5. Abbott Laboratories v. Gardner

    387 U.S. 136 (1967)   Cited 5,338 times   9 Legal Analyses
    Holding that plaintiffs subject to a regulation had standing to challenge it even though the Attorney General had yet to "authorize criminal and seizure actions for violations of the statute"

  6. National Park Hospitality Assn. v. Dept. of Interior

    538 U.S. 803 (2003)   Cited 1,026 times   2 Legal Analyses
    Holding that although the question presented was purely legal and the rule constituted final action, further factual development would "significantly advance our ability to deal with the legal issues presented" so the matter was not ripe for judicial review

  7. Dastar Corp. v. Twentieth Century Fox Film Corp.

    539 U.S. 23 (2003)   Cited 751 times   20 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) )

  8. Fletcher v. Atex, Inc.

    68 F.3d 1451 (2d Cir. 1995)   Cited 805 times   2 Legal Analyses
    Holding that the inclusion of descriptions of the parent-subsidiary relationship and the parent company's logo in the subsidiary's promotional literature did not justify piercing the corporate veil to reach the parent

  9. Bertin v. U.S.

    478 F.3d 489 (2d Cir. 2007)   Cited 518 times
    Holding that six-year statute of limitations applies and cause of action accrues at the end of the criminal proceeding

  10. Vigilant Ins v. Housing Auth

    87 N.Y.2d 36 (N.Y. 1995)   Cited 434 times
    Holding that “[c]ourts must look to the underlying claim and the nature of the relief sought to determine the applicable period of limitation [to a declaratory judgment action] * * *”, and that “a court's inquiry focuses on ‘the substance of action to identify the relationship out of which the claim arises and the relief sought’ * * *.” (quoting Solnick, 49 N.Y.2d at 229, 425 N.Y.S.2d 68, 401 N.E.2d 190)

  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 354,229 times   943 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 15,533 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"

  13. Section 213 - Actions to be commenced within six years: where not otherwise provided for; on contract; on sealed instrument; on bond or note, and mortgage upon real property; by state based on misappropriation of public property; based on mistake; by corporation against director, officer or stockholder; based on fraud

    N.Y. C.P.L.R. § 213   Cited 5,529 times   8 Legal Analyses
    Applying six-year statute of limitations to actions "for which no limitation is specifically prescribed by law"

  14. Section 214 - Actions to be commenced within three years: for non-payment of money collected on execution; for penalty created by statute; to recover chattel; for injury to property; for personal injury; for malpractice other than medical, dental or podiatric malpractice; to annul a marriage on the ground of fraud

    N.Y. C.P.L.R. § 214   Cited 5,484 times   3 Legal Analyses
    Providing for three-year statute of limitations for personal injury actions

  15. Section 1141 - Effect of confirmation

    11 U.S.C. § 1141   Cited 2,746 times   28 Legal Analyses
    Granting discharge to Chapter 11 debtor upon confirmation except as otherwise provided for in the plan

  16. Section 304 - Duration of copyright: Subsisting copyrights

    17 U.S.C. § 304   Cited 187 times   12 Legal Analyses
    Extending the copyright term of works still under copyright in 1998 to 95 years