· 1/23/2008
Newcal Industries, Inc. v. IKON Office Solution
Citations
- 513 F.3d 1038
- 86 U.S.P.Q. 2d (BNA) 1150
- 2008 U.S. App. LEXIS 1257
- 2008 WL 185520
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that the validity of the relevant market is typically a factual rather than a legal analysis
- holding that a motion to dismiss cannot “hinge on factual disagreements rather than legal deficiencies”
- concluding that allegedly false statements were sufficiently disseminated because they were made in promotional literature distributed to thousands of sales accounts
- holding that under certain circumstances “the threat of suit is enough to create standing”
- holding that plaintiff who had already filed a fraud suit under the Sherman Act, Lanham Act, and RICO had standing to seek a declaration that the defendant’s fraudulently procured contracts were invalid
- stating that there is no requirement to plead with specificity the existence of market power in a relevant market
Source: CourtListener parenthetical corpus (CC0).
Judges: Kleinfeld, Thomas, Burgess
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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