Specifically, the allegations of fact
are sufficient to show that defendants violated Section 32 of the Lanham Act.
at 580 n.6 (discussing "whether and to what extent that 'showing' requires allegations of fact
In support of that contention Geico submitted an affidavit of Lubow, its senior underwriter, swearing to the following allegations of fact
. Lubow attested to personal knowledge of the business practice and business records of Geico gained in the course of his sixteen years of employment with Geico.
17, 2008) ("[T]he determination of whether a complaint contains enough allegations of fact
to state a claim to relief that is plausible on its face is dependent on the context of the claim raised."); see also Twombly, 550 U.S.
Abram filed an election of rights indicating that he did not dispute the Department's allegations of fact
, but requested an informal hearing before the Board to submit mitigation evidence.
However, it is clear that savvy plaintiffs' attorneys are beginning to undertake an effort to comply with the "plausible inference" standard and undoubtedly, there will be a new wave of court decisions scrutinizing whether pleadings set forth allegations of fact
sufficient to "nudge [plaintiffs'] claims across the line from conceivable to plausible." (36)
However, according to the Commission, none of the companies refuted the allegations of fact
contained in the statement of objections and none of them requested an oral hearing prior to the February decision.
The Municipal Court ruled that certain allegations of fact
contained in the affidavit were not admissible in evidence.