§Why CasetextPricing

Stevo Design, Inc. v. SBR Marketing Ltd.

MOTION to Dismiss re: 53 SECOND AMENDED COMPLAINT;

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

    499 U.S. 340 (1991)   Cited 3,470 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"

  4. Mendiondo v. Centinela

    521 F.3d 1097 (9th Cir. 2008)   Cited 1,998 times   2 Legal Analyses
    Holding that the heightened pleading requirements of Rule 9(b) do not apply

  5. Thompson v. Illinois Dept. of Prof. Regulation

    300 F.3d 750 (7th Cir. 2002)   Cited 1,018 times
    Holding district court did not abuse its discretion when plaintiff failed to cure deficiencies that persisted from the first amended complaint after given multiple chances to amend after motions to dismiss were filed

  6. Brookfield Communications, Inc. v. West Coast Entertainment Corp.

    174 F.3d 1036 (9th Cir. 1999)   Cited 1,095 times   9 Legal Analyses
    Holding mark use was not sufficiently public when used in a website domain and in "limited correspondence with lawyers and a few customers"

  7. Ellison v. Robertson

    357 F.3d 1072 (9th Cir. 2004)   Cited 662 times   2 Legal Analyses
    Holding that "the district court erred in concluding on summary judgment that [the ISP] satisfied the requirements of § 512" because the record showed that the ISP "allowed notices of potential copyright infringement to fall into a vacuum and to go unheeded," indicating it "had not reasonably implemented its policy against repeat infringers"

  8. Network Automation, Inc. v. Advanced Systems Concepts, Inc.

    638 F.3d 1137 (9th Cir. 2011)   Cited 372 times   11 Legal Analyses
    Holding that the similarity of two marks can be tested on three levels: "sight, sound, and meaning."

  9. Tumblebus Inc. v. Cranmer

    399 F.3d 754 (6th Cir. 2005)   Cited 262 times
    Vacating and remanding for further factfinding one part of a preliminary injunction while affirming the other part

  10. Rescuecom Corp. v. Google Inc.

    562 F.3d 123 (2d Cir. 2009)   Cited 230 times   8 Legal Analyses
    Holding that Google's use of the plaintiff's trademark as a keyword to trigger the display of the advertiser's copy on Google's search results page and as a suggestion to advertisers as a keyword they might purchase were sufficient to satisfy the “use in commerce” requirement

  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. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 160,289 times   196 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  13. 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"

  14. Section 1114 - Remedies; infringement; innocent infringement by printers and publishers

    15 U.S.C. § 1114   Cited 8,062 times   90 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."

  15. Section 501 - Infringement of copyright

    17 U.S.C. § 501   Cited 3,260 times   28 Legal Analyses
    Granting a cause of action to "[t]he legal or beneficial owner of an exclusive right under a copyright"

  16. Rule 2 - One Form of Action

    Fed. R. Civ. P. 2   Cited 702 times   1 Legal Analyses
    Providing for "one form of action to be known as 'civil action,'" in lieu of discretely labeled actions at law and suits in equity