§Why CasetextPricing

Stevo Design, Inc. v. SBR Marketing Ltd.

REPLY to Response to 59 MOTION to Dismiss

21 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 251,437 times   279 Legal Analyses
    Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable

  2. McNutt v. Gen. Motors Acceptance Corp.

    298 U.S. 178 (1936)   Cited 5,348 times
    Holding that a plaintiff, when challenged, must provide "competent proof" supporting jurisdictional claim

  3. Von Saher v. Norton Simon Museum of Art

    578 F.3d 1016 (9th Cir. 2009)   Cited 1,180 times
    Holding that a court may take judicial notice of publications to establish what was in the public realm at the time

  4. Intri-Plex v. Crest

    499 F.3d 1048 (9th Cir. 2007)   Cited 954 times
    Holding courts, when ruling on motion to dismiss, "may not consider material beyond the complaint," other than material as to which judicial notice may be taken

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

    174 F.3d 1036 (9th Cir. 1999)   Cited 1,073 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"

  6. IN RE FORD MOTOR CO./CITIBANK, N.A.

    264 F.3d 952 (9th Cir. 2001)   Cited 655 times
    Holding that “the amount in controversy requirement cannot be satisfied by showing that the fixed administrative costs of compliance exceed $ 75,000” because to hold otherwise would be “fundamentally violative of the principle underlying the jurisdictional amount requirement—to keep small diversity suits out of federal court”

  7. Zeran v. America Online

    129 F.3d 327 (4th Cir. 1997)   Cited 329 times   19 Legal Analyses
    Holding CDA immunity applied even though “AOL unreasonably delayed in removing defamatory messages posted by an unidentified third party, refused to post retractions of those messages, and failed to screen for similar postings thereafter”

  8. Rescuecom Corp. v. Google Inc.

    562 F.3d 123 (2d Cir. 2009)   Cited 228 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

  9. Downing v. Abercrombie Fitch

    265 F.3d 994 (9th Cir. 2001)   Cited 266 times   7 Legal Analyses
    Holding that a person's name and likeness are outside the scope of copyright

  10. Silvers v. Sony Pictures Entertainment, Inc.

    402 F.3d 881 (9th Cir. 2005)   Cited 213 times   6 Legal Analyses
    Holding that, under § 501, only a party with an ownership interest has standing to sue

  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 344,481 times   920 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss