Legal Opinion
Oreck Direct, LLC v. Dyson, Inc.
District Court, E.D. Louisiana
Decided February 21, 2008No. Civil Action 07-2744PublishedCited by 6 opinions
1Opinion of the Court
ORDER AND REASONS 1
SARAH S. VANCE, District Judge.
Before the Court is defendant Dyson, Inc.’s motion to dismiss under Rule 12(b)(6) of the Federal Rules of Civil Procedure. Because matters outside the pleadings have been presented to and not excluded by the Court, the Court considers Dyson’s motion as a Rule 56 motion for summary judgment. See Fed.R.Civ.P. 12(b)(6). For the following reasons, the Court GRANTS Dyson’s motion.
1. BACKGROUND
Plaintiff Oreck Direct, LLC has brought a false advertising claim against defendant Dyson, Inc. under § 43(a) of the Lanham Act, 15 U.S.C. § 1125(a)(1)(B),…
2Cases cited36 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Little v. Liquid Air Corp.Court of Appeals for the Fifth Circuit · 1994
- Allen v. McCurrySupreme Court of the United States · 1980
- Semtek International Inc. v. Lockheed Martin Corp.Supreme Court of the United States · 2001
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3Cited by6 opinions
- Retractable Technologies, Inc. v. Becton Dickinson & Co.Court of Appeals for the Fifth Circuit · 2016
- Obesity Research Inst., LLC v. Fiber Research Int'l, LLCDistrict Court, S.D. California · 2018
- Greater Houston Transportation Co. v. Uber Technologies, Inc.District Court, S.D. Texas · 2015
- (PS) Johnson v. FBIDistrict Court, E.D. California · 2021
- Askew v. Davidson County Sheriff's OfficeDistrict Court, M.D. Tennessee · 2020
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