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Royaltystat, Llc v. Intangiblespring, Corp. et al

MOTION to Dismiss for Failure to State a Claim

12 Cited authorities

  1. Feist Publications, Inc. v. Rural Tel. Service Co.

    499 U.S. 340 (1991)   Cited 3,518 times   45 Legal Analyses
    Holding "it is beyond dispute that compilations of facts are within the subject matter of copyright" even though "copyright protects only the author's original contributions—not the facts or information conveyed"

  2. Eastern Shore Markets, Inc. v. J.D. Associates Ltd. Partnership

    213 F.3d 175 (4th Cir. 2000)   Cited 2,175 times
    Holding that review of order granting motion to dismiss under Rule 12(b) is de novo

  3. Key Publications, Inc. v. Chinatown Today Publishing Enterprises, Inc.

    945 F.2d 509 (2d Cir. 1991)   Cited 91 times   1 Legal Analyses
    Holding that to establish infringement, a compilation copyright holder must demonstrate "substantial similarity between those elements, and only those elements, that provide copyrightability to the allegedly infringed compilation"

  4. Schoolhouse, Inc. v. Anderson

    275 F.3d 726 (8th Cir. 2002)   Cited 47 times
    Holding that a ratio of seventy-four percent of the same items was not substantial similarity in light of Feist

  5. Bellsouth Adv. Pub. v. Donnelley Info. Pub

    999 F.2d 1436 (11th Cir. 1993)   Cited 59 times
    Holding that determination of closing date after which no changes were included in the yellow pages at issue did not demonstrate creativity in selection because "any collection of facts `fixed in any tangible medium of expression' will by necessity have a closing date" (footnote omitted)

  6. Mays Associates, Inc. v. Euler

    370 F. Supp. 2d 362 (D. Md. 2005)   Cited 18 times
    Holding that receipt of a certificate of copyright registration or denial of the same is a jurisdictional prerequisite to filing suit

  7. Express, LLC v. Fetish Group, Inc.

    424 F. Supp. 2d 1211 (C.D. Cal. 2006)   Cited 15 times
    Considering the party's voluntary amendment of the registration and the Copyright Office's acceptance of the amendment in determining that an omission on an application for registration was not intentional

  8. Victor Lalli Enterprises v. Big Red Apple, Inc.

    936 F.2d 671 (2d Cir. 1991)   Cited 17 times
    Holding that betting charts are not sufficiently original to merit copyright protection because "[u]nless a publisher were to make a mistake, the information in the charts does not vary in the slightest as between publishers and is derived from commonly ascertainable sources"

  9. Want Ad Digest, Inc. v. Display Advertising, Inc.

    653 F. Supp. 2d 171 (N.D.N.Y. 2009)

    No. 1:08-CV-189 (GLS/DRH). September 3, 2009. Girvin, Ferlazzo Law Firm, Salvatore Ferlazzo, Esq., Robert Manfredo, Esq., of Counsel, Albany, NY, for the Plaintiff. Office of Joshua A. Saba, Joshua Saba, Esq., of Counsel, Troy, NY, for the Defendants. DECISION AND ORDER GARY L. SHARPE, District Judge. I. Introduction Plaintiff Want Ad Digest, Inc., ("Want Ad") brings this action against defendants Display Advertising, Inc. ("Display") and Edward H. Spain, upon allegations that defendants have, inter

  10. 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 357,835 times   950 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  11. Section 102 - Subject matter of copyright: In general

    17 U.S.C. § 102   Cited 2,292 times   121 Legal Analyses
    Granting protection to "literary works"

  12. Section 408 - Copyright registration in general

    17 U.S.C. § 408   Cited 368 times   9 Legal Analyses
    Authorizing the Register of Copyrights to regulate registration classifications, including permitting "a single registration for a group of related works"