60 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 255,123 times 280 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
Papasan v. Allain
478 U.S. 265 (1986) Cited 16,797 times 6 Legal Analyses
Holding that Ex parte Young would not support a suit against a state for ongoing liability for an alleged past breach of trust, since "continuing payment of the income from the lost corpus is essentially equivalent in economic terms to a one-time restoration of the lost corpus itself"
Morales v. Trans World Airlines, Inc.
504 U.S. 374 (1992) Cited 1,710 times 11 Legal Analyses
Holding that guidelines on airfare advertising were "related to" the rates, routes, or services of an air carrier given that every guideline makes "express reference to [air]fares"
Metro-Goldwyn-Mayer Studios Inc. v. Grokster, Ltd.
545 U.S. 913 (2005) Cited 789 times 31 Legal Analyses
Holding that “one who distributes a device with the object of promoting its use to infringe copyright ... is liable”
Daniels-Hall v. National Educ. Ass'n
629 F.3d 992 (9th Cir. 2010) Cited 2,105 times 3 Legal Analyses
Holding courts may take judicial notice of information made publicly available by government entities on government websites
Coto Settlement v. Eisenberg
593 F.3d 1031 (9th Cir. 2010) Cited 814 times
Holding that on a motion to dismiss, a court may consider documents outside the complaint when the contents of the document are alleged in the complaint, the document's authenticity is not in question, and there are no disputed issues as to the document's relevance
Broadcast Music, Inc. v. Columbia Broadcasting System, Inc.
441 U.S. 1 (1979) Cited 579 times 10 Legal Analyses
Holding generally that blanket and per-program licenses by ASCAP and BMI were not per se antitrust violations, but rather these licenses, "when attacked, . . . should be subjected to a more discriminating examination under the rule of reason"
Gerritsen v. Warner Bros. Entertainment Inc.
112 F. Supp. 3d 1011 (C.D. Cal. 2015) Cited 437 times
Holding that judicial notice of defendant's website was improper where defendant was not a government body and the purpose of the website was not to provide public information
Derek Andrew, Inc. v. Poof Apparel Corp.
282 F. App'x 554 (9th Cir. 2008) Cited 242 times 1 Legal Analyses
Holding that the grant of attorneys' fees under 15 U.S.C. § 1117 was proper
I.A.E., Inc. v. Shaver
74 F.3d 768 (7th Cir. 1996) Cited 308 times 1 Legal Analyses
Holding that full payment was not a condition precedent when the licensee received the copyrighted drawings after tendering only half the required payment
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 348,416 times 930 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Rule 11 - Signing Pleadings, Motions, and Other Papers; Representations to the Court; Sanctions
Fed. R. Civ. P. 11 Cited 36,021 times 145 Legal Analyses
Holding an "unrepresented party" to the same standard as an attorney
Section 101 - Definitions
17 U.S.C. § 101 Cited 6,374 times 175 Legal Analyses
Recognizing the United States' adherence to provisions of the Berne Convention of 1886
Section 106 - Exclusive rights in copyrighted works
17 U.S.C. § 106 Cited 3,762 times 108 Legal Analyses
Granting the owners of copyrights in “literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works” the exclusive right “to display the copyrighted work publicly”
Section 1638 - Language governs interpretation
Cal. Civ. Code § 1638 Cited 1,366 times
Governing interpretation of contracts
Section 507 - Limitations on actions
17 U.S.C. § 507 Cited 833 times 69 Legal Analyses
Prohibiting copyright-infringement claims that are filed more than three years after they accrued
Section 1639 - Intention ascertained from writing
Cal. Civ. Code § 1639 Cited 864 times 1 Legal Analyses
Providing in part: "When a contract is reduced to writing, the intention of the parties is to be ascertained from the writing alone, if possible"
Section 1689 - Consent of parties; cases in which party may rescind
Cal. Civ. Code § 1689 Cited 798 times 3 Legal Analyses
Allowing a party to unilaterally rescind a contract if its consent to the contract was "obtained through duress, menace, fraud, or undue influence, exercised by or with the connivance of the party as to whom he rescinds"
Section 412 - Registration as prerequisite to certain remedies for infringement
17 U.S.C. § 412 Cited 641 times 23 Legal Analyses
Prohibiting statutory damages and attorney's fees if the work is not registered before infringement commences, or within three months of the work's first publication
Section 1691 - Notice after discovering facts entitling party to rescind
Cal. Civ. Code § 1691 Cited 583 times 3 Legal Analyses
Providing that whether a party delayed in giving notice of an intent to rescind is measured against the time when the party seeking rescission "discovered the facts which entitled him to rescind."
Section 202.3 - Registration of copyright
37 C.F.R. § 202.3 Cited 149 times 5 Legal Analyses
Requiring that multiple works registered as a single published work be "included in a single unit of publication"

We 3 Kings, Inc. v. Deep Dish Productions of Chicago, Llc, et al

60 Cited authorities

Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable

Holding that Ex parte Young would not support a suit against a state for ongoing liability for an alleged past breach of trust, since "continuing payment of the income from the lost corpus is essentially equivalent in economic terms to a one-time restoration of the lost corpus itself"

Holding that guidelines on airfare advertising were "related to" the rates, routes, or services of an air carrier given that every guideline makes "express reference to [air]fares"

Holding that “one who distributes a device with the object of promoting its use to infringe copyright ... is liable”

Holding courts may take judicial notice of information made publicly available by government entities on government websites

Holding that on a motion to dismiss, a court may consider documents outside the complaint when the contents of the document are alleged in the complaint, the document's authenticity is not in question, and there are no disputed issues as to the document's relevance

Holding generally that blanket and per-program licenses by ASCAP and BMI were not per se antitrust violations, but rather these licenses, "when attacked, . . . should be subjected to a more discriminating examination under the rule of reason"

Holding that judicial notice of defendant's website was improper where defendant was not a government body and the purpose of the website was not to provide public information

Holding that the grant of attorneys' fees under 15 U.S.C. § 1117 was proper

Holding that full payment was not a condition precedent when the licensee received the copyrighted drawings after tendering only half the required payment

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

Holding an "unrepresented party" to the same standard as an attorney

Recognizing the United States' adherence to provisions of the Berne Convention of 1886

Granting the owners of copyrights in “literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works” the exclusive right “to display the copyrighted work publicly”

Governing interpretation of contracts

Prohibiting copyright-infringement claims that are filed more than three years after they accrued

Providing in part: "When a contract is reduced to writing, the intention of the parties is to be ascertained from the writing alone, if possible"

Allowing a party to unilaterally rescind a contract if its consent to the contract was "obtained through duress, menace, fraud, or undue influence, exercised by or with the connivance of the party as to whom he rescinds"

Prohibiting statutory damages and attorney's fees if the work is not registered before infringement commences, or within three months of the work's first publication

Providing that whether a party delayed in giving notice of an intent to rescind is measured against the time when the party seeking rescission "discovered the facts which entitled him to rescind."

Requiring that multiple works registered as a single published work be "included in a single unit of publication"