AO 72(Rev. 8/82)
require detailed factual allegations, it demands “more than labels and conclusions” or a “formulaicrecitation of the elements of a cause of action.”
Ashcroft v. Iqbal
, 129 S. Ct. 1937, 1949 (2009).“Factual allegations must be enough to rise above the speculative level.”
, 550 U.S. at555. Thus, to survive a motion to dismiss, a complaint must contain sufficient factual matter to“state a claim to relief that is plausible on its face.”
, 129 S. Ct. at 1949 (internal citationomitted).In
, the Supreme Court recently clarified the two-step approach district courtsare to apply when considering motions to dismiss. First, a district court must accept as true allwell-pled factual allegations in the complaint; however, legal conclusions are not entitled to theassumption of truth.
. at 1950. Mere recitals of the elements of a cause of action, supported only by conclusory statements, do not suffice.
. at 1949. Second, a district court must consider whether the factual allegations in the complaint allege a plausible claim for relief.
. at 1950. Aclaim is facially plausible when the plaintiff’s complaint alleges facts that allows the court to drawa reasonable inference that the defendant is liable for the alleged misconduct.
at 1949. Wherethe complaint does not permit the court to infer more than the mere possibility of misconduct, thecomplaint has “alleged—but not shown—that the pleader is entitled to relief.”
. (internalquotation marks omitted). When the claims in a complaint have not crossed the line fromconceivable to plausible, plaintiff’s complaint must be dismissed.
, 550 U.S. at 570.
II.DiBiase’s Motion to Dismiss
As mentioned above, DiBiase’s motion is limited to a request that the Court dismissRighthaven’s demand for an order transferring DiBiase’s website domain name to Righthaven andfor attorney’s fees.
A.Transfer of Domain Name
Righthaven’s complaint requests the Court to direct Heritage Web Design, LLC, thecurrent registrar of DiBiase’s website domain name (www.nobodycases.com), to lock that domainand transfer control of it to Righthaven. However, “[t]he remedies for infringement ‘are only3
Case 2:10-cv-01343-RLH -PAL Document 45 Filed 04/15/11 Page 3 of 5