§Why CasetextPricing

Pele IP Ownership LLC v. Samsung Electronics Co., Ltd. et al

MEMORANDUM

30 Cited authorities

  1. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 277,112 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

  2. E.E.O.C. v. Concentra Health

    496 F.3d 773 (7th Cir. 2007)   Cited 2,764 times   2 Legal Analyses
    Holding that a plaintiff alleging retaliation under Title VII "must provide some specific description" of the protected activity

  3. Klaxon Co. v. Stentor Co.

    313 U.S. 487 (1941)   Cited 10,611 times   6 Legal Analyses
    Holding that Erie doctrine applies to conflict-of-law rules

  4. Limestone v. Village

    520 F.3d 797 (7th Cir. 2008)   Cited 663 times   1 Legal Analyses
    Holding that the continuing violation doctrine simply “allow suit to be delayed until a series of wrongful acts blossoms into an injury on which suit can be brought”

  5. Bogie v. Rosenberg

    705 F.3d 603 (7th Cir. 2013)   Cited 533 times
    Holding that a video which "incontrovertibly contradicts" allegations is a sufficient basis to dismiss claims that based on those allegations.

  6. Townsend v. Sears, Roebuck Co.

    227 Ill. 2d 147 (Ill. 2007)   Cited 309 times
    Finding a conflict because "Illinois does not prohibit the recovery of punitive damages in product liability cases" while in Michigan "only compensatory damages are available"

  7. Bontkowski v. First Nat. Bank of Cicero

    998 F.2d 459 (7th Cir. 1993)   Cited 402 times
    Finding allegations in a complaint are to be viewed in a light most favorable to the plaintiff

  8. Pirone v. MacMillan, Inc.

    894 F.2d 579 (2d Cir. 1990)   Cited 234 times   1 Legal Analyses
    Holding commercial use of photographs of Babe Ruth did not indicate origin or make representation of sponsorship and granting summary judgment for defendants where plaintiff devisees essentially asserted trademark in Babe Ruth's image and likeness

  9. Baltimore Orioles v. Major League Baseball

    805 F.2d 663 (7th Cir. 1986)   Cited 243 times
    Holding that "the [baseball] telecasts are audiovisual works, which under § 102 come within the subject matter of copyright"

  10. Blair v. Nevada Landing Partnership

    369 Ill. App. 3d 318 (Ill. App. Ct. 2006)   Cited 85 times   3 Legal Analyses
    Holding that repeated advertisements that were not significantly changed to reach a new audience and that promoted a single product, a steakhouse, did not retrigger the statute of limitations.

  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 358,269 times   949 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 201 - Judicial Notice of Adjudicative Facts

    Fed. R. Evid. 201   Cited 29,463 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."

  13. Section 51 - Action for injunction and for damages

    N.Y. Civ. Rights Law § 51   Cited 574 times   13 Legal Analyses
    Affording cause of action for commercial use of name or picture without prior written consent

  14. Section 50 - Right of privacy

    N.Y. Civ. Rights Law § 50   Cited 544 times   9 Legal Analyses

    A person, firm or corporation that uses for advertising purposes, or for the purposes of trade, the name, portrait , picture, likeness, or voice of any living person without having first obtained the written consent of such person, or if a minor of such minor's parent or guardian, is guilty of a misdemeanor. N.Y. Civ. Rights Law § 50 Amended by New York Laws 2024, ch. 58,Sec. MM-A-1, eff. 4/20/2024.

  15. Section 765 ILCS 1075/5 - [Effective 1/1/2025] Definitions

    765 ILCS 1075/5   Cited 45 times   1 Legal Analyses
    Defining "commercial purposes" to mean "the public use or holding out of an individual's identity on or in connection with the offering for sale or sale of a product, merchandise, goods, or services; for purposes of advertising or promoting products, merchandise, goods, or services; or for the purpose of fundraising"

  16. Section 765 ILCS 1075/15 - Transferability, descendability, and divisibility

    765 ILCS 1075/15   Cited 5 times

    The rights under this Act are property rights that are freely transferable in whole or in part to any person either by written transfer, including but not limited to wills and trusts, or by intestate succession only to an individual's spouse, parents, children, and grandchildren, except that the rights under this Act are not subject to levy or attachment and may not be the subject of a security interest. Nothing in this Section limits the ability of any party to levy, attach, or obtain a security

  17. Section 765 ILCS 1075/20 - [Effective 1/1/2025] Enforcement of rights and remedies

    765 ILCS 1075/20   Cited 4 times   1 Legal Analyses

    (a) The rights and remedies set forth in this Act may be exercised and enforced by: (1) an individual or his or her authorized representative; (2) a person to whom the recognized rights have been transferred by written transfer under Section 15 of this Act; or (3) after the death of an individual who has not transferred the recognized rights by written transfer under this Act, any person or persons who possesses an interest in those rights. (a-5) In addition to the enforcement of rights and remedies