Lois D. Mermelstein
Well-Pleaded Factual Allegations Must Be Taken as True When Considering Motion to Dismiss
By Lois D. Mermelstein on Aug 29, 2024
Posted In Trademarks
The US Court of Appeals for the Fifth Circuit, in dismissing a trademark infringement matter under Rule 12(b)(6) for failure to state a claim, ruled that a district court “erroneously assumed the veracity” of the defendants’ assertions over the “well-pleaded factual allegations” in the plaintiff’s complaint. Molzan v. Bellagreen Holdings, LLC, Case No. 23-20492 (5th...
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