§Why CasetextPricing

Wilens v. Automattic, Inc.

MOTION to Dismiss Complaint and for an Order Finding Plaintiff Liable for Fees

31 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 253,227 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. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 267,097 times   365 Legal Analyses
    Holding that a complaint's allegations should "contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face' "

  3. Knievel v. ESPN

    393 F.3d 1068 (9th Cir. 2005)   Cited 2,318 times   2 Legal Analyses
    Holding that incorporation by reference doctrine extends “to situations in which the plaintiff's claim depends on the contents of a document, the defendant attaches the document to its motion to dismiss, and the parties do not dispute the authenticity of the document, even though the plaintiff does not explicitly allege the contents of that document in the complaint”

  4. Parks School of Business, Inc. v. Symington

    51 F.3d 1480 (9th Cir. 1995)   Cited 2,534 times   3 Legal Analyses
    Holding that a corporation had standing to sue under § 1981 alleging that defendants discriminated against it because it contracts with racial minorities

  5. In re Silicon Graphics Inc.

    183 F.3d 970 (9th Cir. 1999)   Cited 1,412 times   8 Legal Analyses
    Holding that stock sales of individual defendants are only indicative of scienter where they are "dramatically out of line with prior trading practices" (quoting In re Apple Computer Sec. Litig., 886 F.2d 1109, 1117 (9th Cir. 1989))

  6. Bird v. Parsons

    289 F.3d 865 (6th Cir. 2002)   Cited 830 times   3 Legal Analyses
    Holding 4,666 internet domain-name registrations, specifically analogized to sales, insufficient for general jurisdiction

  7. Lockheed Martin. v. Network Solutions

    194 F.3d 980 (9th Cir. 1999)   Cited 628 times
    Holding that the court must consider “the extent of control exercised by the defendant over the third party's means of infringement”

  8. Rearden LLC v. Rearden Commerce, Inc.

    683 F.3d 1190 (9th Cir. 2012)   Cited 264 times   2 Legal Analyses
    Holding that a trademark infringement claim under California law is subject to the same standard as a trademark infringement claim under the Lanham Act

  9. Cairns v. Franklin Mint Co.

    292 F.3d 1139 (9th Cir. 2002)   Cited 284 times   1 Legal Analyses
    Holding that the sale of collectibles bearing the name and likeness of Princess Diana was a nominative fair use

  10. New Kids on the Block v. New America Pub

    971 F.2d 302 (9th Cir. 1992)   Cited 277 times   13 Legal Analyses
    Holding that infringement laws "simply do not apply" to a "non-trademark use of a mark"

  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 346,412 times   923 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 54 - Judgment; Costs

    Fed. R. Civ. P. 54   Cited 41,232 times   141 Legal Analyses
    Holding party seeking fees may additionally seek "nontaxable expenses"

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

    15 U.S.C. § 1125   Cited 15,291 times   320 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 1114 - Remedies; infringement; innocent infringement by printers and publishers

    15 U.S.C. § 1114   Cited 7,914 times   88 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."

  15. Section 1117 - Recovery for violation of rights

    15 U.S.C. § 1117   Cited 4,891 times   144 Legal Analyses
    Granting district courts significant discretion to award damages for a violation of § 1125

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

    15 U.S.C. § 1127   Cited 2,943 times   95 Legal Analyses
    Granting standing under § 1114 to the legal representative of the registrant of a trademark