§Why CasetextPricing

Ploom, Inc. v. iPloom, LLC et al

MOTION for Default Judgment

35 Cited authorities

  1. Burger King Corp. v. Rudzewicz

    471 U.S. 462 (1985)   Cited 16,839 times   46 Legal Analyses
    Holding that a defendant has "fair warning" if he purposefully directs his activities at residents of the forum and if the litigation results from alleged injuries arising out of or relating to those activities.

  2. Helicopteros Nacionales de Colom. v. Hall

    466 U.S. 408 (1984)   Cited 9,276 times   26 Legal Analyses
    Holding that “purchases, even if occurring at regular intervals” were insufficient to establish general personal jurisdiction over a nonresident corporation

  3. World-Wide Volkswagen Corp. v. Woodson

    444 U.S. 286 (1980)   Cited 10,837 times   32 Legal Analyses
    Holding that an Oklahoma court could not exercise personal jurisdiction over a car retailer when the retailer's only connection to Oklahoma was the fact that a car sold in New York became involved in an accident in Oklahoma

  4. Televideo Systems, Inc. v. Heidenthal

    826 F.2d 915 (9th Cir. 1987)   Cited 2,489 times
    Holding that upon entry of default judgment, the factual allegations of the complaint are deemed true

  5. Bancroft Masters, Inc., v. Augusta National

    223 F.3d 1082 (9th Cir. 2000)   Cited 1,227 times   1 Legal Analyses
    Holding that California had personal jurisdiction over declaratory judgment defendant because of defendant's challenge to plaintiff's registration for its domain name, which challenge was filed with an agency located in Virginia but affected the plaintiff's ability to use the domain name in California

  6. Data Disc, Inc. v. Sys. Tech. Assoc., Inc.

    557 F.2d 1280 (9th Cir. 1977)   Cited 1,697 times
    Holding that a court "may not assume the truth of allegations in a pleading which are contradicted by affidavit"

  7. Louis Vuitton Malletier S.A. v. LY USA, Inc.

    676 F.3d 83 (2d Cir. 2012)   Cited 470 times   2 Legal Analyses
    Holding that an "award of attorney's fees is available under 1117 in 'exceptional' cases even for those plaintiffs who opt to receive statutory damages under 1117(c)"

  8. Roth v. Garcia Marquez

    942 F.2d 617 (9th Cir. 1991)   Cited 694 times
    Holding that jurisdiction was reasonable even though only two reasonableness factors favored plaintiff, while three favored defendant

  9. Menken v. Emm

    503 F.3d 1050 (9th Cir. 2007)   Cited 387 times   2 Legal Analyses
    Holding that when defendant filed an out-of-state judgment in Arizona in order to collect a money judgment, "the simple domestication of a foreign judgment in Arizona, standing alone, is unlikely sufficient to confer personal jurisdiction on the judgment creditor."

  10. Sinatra v. National Enquirer, Inc.

    854 F.2d 1191 (9th Cir. 1988)   Cited 453 times
    Holding that a foreign company with affiliates in the United States bears less of a burden litigating in the United States than if the company maintained no physical presence or agent within the United States

  11. Section 1331 - Federal question

    28 U.S.C. § 1331   Cited 97,534 times   135 Legal Analyses
    Finding that in order to invoke federal question jurisdiction, a plaintiff's claims must arise "under the Constitution, laws, or treaties of the United States."

  12. Section 1367 - Supplemental jurisdiction

    28 U.S.C. § 1367   Cited 61,875 times   78 Legal Analyses
    Holding that in civil actions proceeding in federal court based solely on diversity jurisdiction under 28 U.S.C. § 1332, the district court "shall not have supplemental jurisdiction" over "claims by plaintiffs against persons made parties under Rule . . . 24" or "over claims by persons . . seeking to intervene as plaintiffs under Rule 24," if "exercising supplemental jurisdiction over such claims would be inconsistent with the jurisdictional requirements of section 1332"

  13. Rule 55 - Default; Default Judgment

    Fed. R. Civ. P. 55   Cited 32,881 times   13 Legal Analyses
    Adopting similar language for acquiring default judgment against the United States

  14. Section 1391 - Venue generally

    28 U.S.C. § 1391   Cited 27,860 times   197 Legal Analyses
    Finding that venue lies where a "substantial part of the events or omissions giving rise to the claim" occurred

  15. Section 17200 - Unfair competition defined

    Cal. Bus. & Prof. Code § 17200   Cited 17,850 times   315 Legal Analyses
    Prohibiting unlawful business practices

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

    15 U.S.C. § 1125   Cited 15,291 times   320 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 7,914 times   88 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 1338 - Patents, plant variety protection, copyrights, mask works, designs, trademarks, and unfair competition

    28 U.S.C. § 1338   Cited 5,399 times   71 Legal Analyses
    Granting exclusive jurisdiction to the district courts "of any civil action arising under any Act of Congress relating to patents, . . . copyrights and trademarks"

  19. Section 1117 - Recovery for violation of rights

    15 U.S.C. § 1117   Cited 4,891 times   144 Legal Analyses
    Granting district courts significant discretion to award damages for a violation of § 1125

  20. Section 1116 - Injunctive relief

    15 U.S.C. § 1116   Cited 2,715 times   29 Legal Analyses
    Granting district courts the "power to grant injunctions, according to principles of equity . . ., to prevent the violation of any right" of the trademark owner