17 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 263,477 times 281 Legal Analyses
Holding court need not credit "mere conclusory statements" in complaint
Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 276,716 times 369 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
Lujan v. Defs. of Wildlife
504 U.S. 555 (1992) Cited 28,896 times 142 Legal Analyses
Holding that the elements of standing "must be supported in the same way as any other matter on which the plaintiff bears the burden of proof"
Kwikset Corp. v. Superior Court
51 Cal.4th 310 (Cal. 2011) Cited 1,603 times 27 Legal Analyses
Holding "the standards for establishing standing under section 17204 and eligibility for restitution under section 17203 are wholly distinct"
Pareto v. Federal Deposit Insurance Corp.
139 F.3d 696 (9th Cir. 1998) Cited 1,210 times 1 Legal Analyses
Holding that the FDIC accedes to the rights of the failed bank's shareholders under § 1821(d)
Kasky v. Nike
27 Cal.4th 939 (Cal. 2002) Cited 679 times 7 Legal Analyses
Holding that statements by the defendant about the working conditions of its overseas employees were not protected by the First Amendment and could give rise to a claim for fraudulent business practices under the UCL
Southland Sod Farms v. Stover Seed Co.
108 F.3d 1134 (9th Cir. 1997) Cited 703 times 5 Legal Analyses
Holding that defendants cannot be liable for false advertising when they were not "responsible for disseminating the offending advertisements"
U-Haul Intern., Inc. v. Jartran, Inc.
793 F.2d 1034 (9th Cir. 1986) Cited 210 times
Holding that remedies of section 35, 15 U.S.C. § 1117, are available for violations of section 43, 15 U.S.C. § 1125
Swain v. Cach, LLC
699 F. Supp. 2d 1117 (N.D. Cal. 2009) Cited 14 times
Finding that Cal. Civ. Proc. Code § 426.30 barred a compulsory counterclaim that should have been brought in a previous debt collection case that had been dismissed without prejudice
Chip-Mender, Inc. v. Sherwin-Williams Company
No. C 05-3465 PJH (N.D. Cal. Jan. 3, 2006) Cited 13 times
Holding that defendant's counterclaim for Walker Process fraud based on allegation that patent applicant disclosed prior art reference to patent examiner but did not disclose certain details about that reference failed to state a claim because allegations did not support inference of intent to deceive
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
Rule 8 - General Rules of Pleading
Fed. R. Civ. P. 8 Cited 162,084 times 197 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Section 17200 - Unfair competition defined
Cal. Bus. & Prof. Code § 17200 Cited 18,266 times 315 Legal Analyses
Prohibiting unlawful business practices
Section 1125 - False designations of origin, false descriptions, and dilution forbidden
15 U.S.C. § 1125 Cited 15,651 times 326 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"
Section 1114 - Remedies; infringement; innocent infringement by printers and publishers
15 U.S.C. § 1114 Cited 8,134 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."
Section 17500 - Untrue or misleading advertising
Cal. Bus. & Prof. Code § 17500 Cited 2,744 times 65 Legal Analyses
Requiring action that originated in California to effect consumers in another state

Tria Beauty, Inc. v. Radiancy, Inc

17 Cited authorities

Holding court need not credit "mere conclusory statements" in complaint

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

Holding that the elements of standing "must be supported in the same way as any other matter on which the plaintiff bears the burden of proof"

Holding "the standards for establishing standing under section 17204 and eligibility for restitution under section 17203 are wholly distinct"

Holding that the FDIC accedes to the rights of the failed bank's shareholders under § 1821(d)

Holding that statements by the defendant about the working conditions of its overseas employees were not protected by the First Amendment and could give rise to a claim for fraudulent business practices under the UCL

Holding that defendants cannot be liable for false advertising when they were not "responsible for disseminating the offending advertisements"

Holding that remedies of section 35, 15 U.S.C. § 1117, are available for violations of section 43, 15 U.S.C. § 1125

Finding that Cal. Civ. Proc. Code § 426.30 barred a compulsory counterclaim that should have been brought in a previous debt collection case that had been dismissed without prejudice

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

Prohibiting unlawful business practices

Holding "the person who asserts trade dress protection has the burden of proving that the matter sought to be protected is not functional"

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."

Requiring action that originated in California to effect consumers in another state