Bell Atl. Corp. v. Twombly

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' "

Tellabs v. Makor Issues Rights

Holding that a strong inference is one that is "cogent and at least as compelling as any opposing inference"

Park 'N Fly, Inc. v. Dollar Park & Fly, Inc.

Holding that an incontestable mark cannot be challenged as merely descriptive

Davis v. Coca-Cola Bottling

Holding that hiring decisions were "discrete acts of discrimination" that could not go forward under the continuing-violation doctrine

Resnick v. Avmed, Inc.

Holding plaintiffs need only allege losses, not unreimbursed losses, for a cognizable injury in a Florida breach of implied contract claim

Tana v. Dantanna's

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."

Dippin' Dots, Inc. v. Frosty Bites Distribution, LLC

Holding color functional under traditional test and stating "[w]here the design is functional under the traditional test, there is no need to proceed further to consider if there is a competitive necessity for the feature"

Davidoff & CIE, S.A. v. PLD International Corp.

Finding that the etching of glass bottles to remove batch codes was material alteration of product that created a likelihood of consumer confusion

International Cosmetics v. Gapardis Health

Holding that concurrent use of same mark on similar product was sufficient to demonstrate a likelihood of confusion

Lone Star Steaks v. Longhorn Steaks, Inc.

Finding that appellants might satisfy the priority requirement because appellants' federal registration of the mark was prior to appellees' first use of the mark

Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

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

Rule 8 - General Rules of Pleading

Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

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

Holding an "unrepresented party" to the same standard as an attorney

Section 1117 - Recovery for violation of rights

Granting district courts significant discretion to award damages for a violation of § 1125

Section 1115 - Registration on principal register as evidence of exclusive right to use mark; defenses

Providing that registration of a mark "shall be prima facie evidence of the validity of the registered mark" but "shall not preclude another person from proving any legal or equitable defense or defect"

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

Listing the requirements for incontestability

Section 1064 - Cancellation of registration

Allowing a petition to cancel a certification mark if the registered owner "discriminately refuses to certify" qualifying goods or services

Section 10-1-370 - Short title