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The National Football League et al v. Sunmei et al

MEMORANDUM OF LAW in Support re: 43 Order to Show Cause,, Memorandum of Law in Support of Plaintiffs' Application For a Default Judgment and Permanent Injunction. Document

47 Cited authorities

  1. Int'l Shoe Co. v. Washington

    326 U.S. 310 (1945)   Cited 23,142 times   111 Legal Analyses
    Holding that states may exercise personal jurisdiction over out-of-state defendants with "certain minimum contacts with [the forum] such that the maintenance of the suit does not offend ‘traditional notions of fair play and substantial justice’ " (quoting Milliken v. Meyer , 311 U.S. 457, 463, 61 S.Ct. 339, 85 L.Ed. 278 (1940) )

  2. Hanson v. Denckla

    357 U.S. 235 (1958)   Cited 7,997 times   11 Legal Analyses
    Holding that personal jurisdiction over defendant trustee was inappropriate when defendant's only contacts with the forum resulted from plaintiff-settlor's unilateral activity of moving to Florida

  3. Harrods Ltd. v. Sixty Internet Domain Names

    302 F.3d 214 (4th Cir. 2002)   Cited 1,138 times
    Holding that district court erred in granting summary judgment without discovery where the "nonmoving party's objections before the district court served as the functional equivalent of an affidavit" under Rule 56(d) and "the nonmoving party was not lax in pursuing discovery"

  4. Metropolitan Life Ins. v. Robertson-Ceco Corp.

    84 F.3d 560 (2d Cir. 1996)   Cited 1,435 times
    Holding that district court committed reversible error by limiting timeframe of analysis to the single year prior to the filing of the action

  5. Chloé v. Queen Bee of Beverly Hills, LLC

    616 F.3d 158 (2d Cir. 2010)   Cited 839 times
    Holding that a defendant's conduct was purposefully directed toward New York because the defendant offered bags for sale on its website to New York customers and shipped at least one bag to a New York customer

  6. Zippo Mfg. Co. v. Zippo Dot Com, Inc.

    952 F. Supp. 1119 (W.D. Pa. 1997)   Cited 1,326 times   12 Legal Analyses
    Holding that a significant amount of the alleged infringement and dilution, as well as the resulting injury, occurred in Pennsylvania

  7. New York v. Green

    420 F.3d 99 (2d Cir. 2005)   Cited 875 times
    Finding prejudice from delay that “endanger[ed] the public health and safety”

  8. Best Van Lines v. Walker

    490 F.3d 239 (2d Cir. 2007)   Cited 782 times
    Holding that we proceed to the constitutional prong of the analysis "[i]f, but only if" we conclude that there is a statutory basis for personal jurisdiction

  9. Fustok v. Conticommodity Services, Inc.

    873 F.2d 38 (2d Cir. 1989)   Cited 962 times
    Holding that the District Court's calculation of attorney's fees based on an affidavit detailing the hours spent on the case "d[id] not constitute a denial of due process"

  10. Cutco Industries v. Naughton

    806 F.2d 361 (2d Cir. 1986)   Cited 896 times
    Holding that conduct of a partner in a partnership can be the basis for jurisdiction because New York law states that every partner is an agent of the partnership

  11. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 163,831 times   197 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  12. Section 1332 - Diversity of citizenship; amount in controversy; costs

    28 U.S.C. § 1332   Cited 115,787 times   572 Legal Analyses
    Holding district court has jurisdiction over action between diverse citizens "where the matter in controversy exceeds the sum or value of $75,000"

  13. Section 1331 - Federal question

    28 U.S.C. § 1331   Cited 100,847 times   140 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."

  14. Rule 55 - Default; Default Judgment

    Fed. R. Civ. P. 55   Cited 35,209 times   13 Legal Analyses
    Adopting similar language for acquiring default judgment against the United States

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

    15 U.S.C. § 1125   Cited 15,763 times   327 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"

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

    15 U.S.C. § 1114   Cited 8,195 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."

  17. Section 1338 - Patents, plant variety protection, copyrights, mask works, designs, trademarks, and unfair competition

    28 U.S.C. § 1338   Cited 5,505 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"

  18. Section 1117 - Recovery for violation of rights

    15 U.S.C. § 1117   Cited 5,117 times   153 Legal Analyses
    Granting district courts significant discretion to award damages for a violation of § 1125

  19. Section 1051 - Application for registration; verification

    15 U.S.C. § 1051   Cited 3,898 times   126 Legal Analyses
    Requiring a filing of a Statement of Use to register a mark

  20. Section 1127 - Construction and definitions; intent of chapter

    15 U.S.C. § 1127   Cited 3,022 times   99 Legal Analyses
    Granting standing under § 1114 to the legal representative of the registrant of a trademark