Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 263,477 times 281 Legal AnalysesHolding 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 AnalysesHolding 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
Two Pesos, Inc. v. Taco Cabana, Inc.
505 U.S. 763 (1992) Cited 1,992 times 35 Legal AnalysesHolding that to establish a claim for trade dress infringement, secondary meaning, non-functionality and likelihood of confusion must all be shown
La Grasta v. First Union Securities, Inc.
358 F.3d 840 (11th Cir. 2004) Cited 1,389 times 1 Legal AnalysesHolding that dismissal on statute-of-limitations grounds is "appropriate only if it is apparent from the face of the complaint that the claim is time-barred"
Day v. Taylor
400 F.3d 1272 (11th Cir. 2005) Cited 1,020 timesHolding that the district "court may consider a document attached to a" motion to dismiss without converting the motion into one for summary judgment if the attached document is central to the plaintiffs claim and undisputed"
Nola Spice Designs, L. L.C. v. Haydel Enters., Inc.
783 F.3d 527 (5th Cir. 2015) Cited 565 times 1 Legal AnalysesFinding that "[n]o reasonable juror could find that imagination is required to link" products that featured a dog made of twisted Mardi Gras beads with the contested word mark MARDI GRAS BEAD DOG
Cordoba v. Dillard's, Inc.
419 F.3d 1169 (11th Cir. 2005) Cited 698 times 2 Legal AnalysesHolding that a claim "built ... from language in our own opinions" was not frivolous
Grossman v. Nationsbank
225 F.3d 1228 (11th Cir. 2000) Cited 787 timesStating that when considering a motion to dismiss the court limits its consideration to the pleadings and exhibits attached thereto
Packman v. Chi. Tribune Co.
267 F.3d 628 (7th Cir. 2001) Cited 521 timesHolding that the supposed actual confusion among four of plaintiff's friends, none of whom had attempted to purchase the parties' goods, was "irrelevant to the question of confusion" because the four friends "were not relevant consumers under the Lanham Act" and, at best, showed "de minimis evidence of confusion"
Southern Grouts v. 3M
575 F.3d 1235 (11th Cir. 2009) Cited 231 timesHolding that the district court did not abuse its discretion in refusing to allow plaintiff to amend its complaint to raise new claims when plaintiff did not seek leave to amend until after the deadline imposed by the scheduling order and after plaintiff had first tried to raise the new claims in its summary-judgment brief
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 AnalysesGranting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Rule 56 - Summary Judgment
Fed. R. Civ. P. 56 Cited 335,322 times 160 Legal AnalysesHolding a party may move for summary judgment on any part of any claim or defense in the lawsuit
Rule 8 - General Rules of Pleading
Fed. R. Civ. P. 8 Cited 162,084 times 197 Legal AnalysesHolding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Section 1125 - False designations of origin, false descriptions, and dilution forbidden
15 U.S.C. § 1125 Cited 15,651 times 326 Legal AnalysesHolding "the person who asserts trade dress protection has the burden of proving that the matter sought to be protected is not functional"
Section 1117 - Recovery for violation of rights
15 U.S.C. § 1117 Cited 5,070 times 149 Legal AnalysesGranting district courts significant discretion to award damages for a violation of § 1125
Section 1125 - Postpetition disclosure and solicitation
11 U.S.C. § 1125 Cited 1,089 times 16 Legal AnalysesRequiring court approval of the disclosure statement prior to plan confirmation