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Thayil v. FOX Corporation et al

MEMORANDUM OF LAW in Support re: 37 FIRST MOTION to Dismiss And For Costs And Attorneys' Fees.. Document

63 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. Fogerty v. Fantasy, Inc.

    510 U.S. 517 (1994)   Cited 2,876 times   30 Legal Analyses
    Holding that under the Copyright Act fee-shifting statute, 17 U.S.C. § 505, defendants and plaintiffs are to be treated the same, contrary to the Court's interpretation of § 1988

  4. U.S. v. Morrison

    529 U.S. 598 (2000)   Cited 1,285 times   10 Legal Analyses
    Holding that Congress exceeded its interstate commerce powers in enacting a civil remedy for victims of gender-motivated violence

  5. ATSI Communications, Inc. v. Shaar Fund, Ltd.

    493 F.3d 87 (2d Cir. 2007)   Cited 3,947 times   6 Legal Analyses
    Holding that because "a plaintiff must show . . . a primary violation by the controlled person" in order to "establish a prima facie case of control[-]person liability," a plaintiff who "fails to allege any primary violation . . . cannot establish control[-]person liability"

  6. School Committee of the Town of Burlington v. Department of Education

    471 U.S. 359 (1985)   Cited 1,664 times   1 Legal Analyses
    Holding IDEA permits reimbursement "if the court ultimately determines that [private] placement, rather than a proposed IEP, is proper under the Act"

  7. Dastar Corp. v. Twentieth Century Fox Film Corp.

    539 U.S. 23 (2003)   Cited 751 times   20 Legal Analyses
    Holding that federal trademark law helps assure the mark holder that it "will reap the financial, reputation-related rewards associated with a desirable product" rather than an imitator (quoting Qualitex Co. v. Jacobson Prods. Co. , 514 U.S. 159, 163–164, 115 S.Ct. 1300, 131 L.Ed.2d 248 (1995) )

  8. Mandarin v. Wildenstein

    2011 N.Y. Slip Op. 741 (N.Y. 2011)   Cited 1,639 times   5 Legal Analyses
    Holding that plaintiff must allege a misrepresentation or a material omission of fact which was "false and known to be false"

  9. Cortec Indus., Inc. v. Sum Holding L.P.

    949 F.2d 42 (2d Cir. 1991)   Cited 3,020 times
    Holding that "[w]here plaintiff has actual notice of all the information in the movant's papers and has relied upon these documents in framing the complaint the necessity of translating a Rule 12(b) motion into one under Rule 56 is largely dissipated" and affirming the district court's consideration of a stock purchase agreement, offering memorandum, and stock warrant that were "integral to [plaintiffs'] complaint"

  10. Eurycleia v. Seward Kissel

    2009 N.Y. Slip Op. 4299 (N.Y. 2009)   Cited 1,161 times   3 Legal Analyses
    Holding CPLR 3016(b) is satisfied "when the facts suffice to permit a 'reasonable inference" of the alleged misconduct

  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 1961 - Definitions

    18 U.S.C. § 1961   Cited 15,089 times   72 Legal Analyses
    Defining what the terms “person” and “enterprise” include

  15. Section 101 - Definitions

    17 U.S.C. § 101   Cited 6,452 times   175 Legal Analyses
    Recognizing the United States' adherence to provisions of the Berne Convention of 1886

  16. Section 505 - Remedies for infringement: Costs and attorney's fees

    17 U.S.C. § 505   Cited 3,022 times   71 Legal Analyses
    Granting the district court discretion to award attorney's fees to the prevailing party in copyright cases

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

    17 U.S.C. § 102   Cited 2,281 times   121 Legal Analyses
    Granting protection to "literary works"

  18. Section 411 - Registration and civil infringement actions

    17 U.S.C. § 411   Cited 1,512 times   134 Legal Analyses
    In § 411(a)'s first sentence, "registration" would mean the claimant's act of filing an application, while in the section's second sentence, "registration" would entail the Register's review of an application.

  19. Section 301 - Preemption with respect to other laws

    17 U.S.C. § 301   Cited 1,424 times   20 Legal Analyses
    Stating that when "legal or equitable rights ... are equivalent to any of the exclusive rights within the general scope of copyright ... no person is entitled to any such right or equivalent right in any such work under the common law or statutes of any State"

  20. Section 1126 - International conventions

    15 U.S.C. § 1126   Cited 185 times   29 Legal Analyses
    Stating that an application under § 44 "must state the applicant's bona fide intention to use the mark in commerce, but use in commerce shall not be required prior to registration"