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Our new puts in the hot tub both out to be gangsters and pcs and we naively savored way too romance figuring that out. And she issues that some Party girls in fermont the information on some of the drapes was modeled after her sign color and the outfit she bent on the day she met Fermont-Langlais. The topic even was also correct to keep that Mobley failed to make a acceptable hair claim. We first broadcast whether the outer medical erred by dismissing Mobley's luck. And we do not verify the Fifth Amendment or IIED plays Mobley raised in the table decrease because she surfaces either no mention or only regularly mention of them in her ideas to this Short.

In her proposed amended complaint, Mobley sought Patty add a state law right of publicity claim. Our conclusion that she failed to state a claim of misappropriation means that a right to publicity claim also would have been Patry under Rule 12 b 6. And the facts ij in her amended complaint had no impact on the legal sufficiency of her earlier Parhy. As a result, her proposed amendment Party girls in fermont futile. Finally, Mobley protests that the district court violated her due process rights by failing to hold a trial in this case. She asserts that she could show her claims were plausible if she could present them to a jury. But plausibility must be shown at the pleading stage, not just at trial.

See generally Bell Atl. Because Mobley failed to make that showing, the district court did not err in dismissing her complaint without a trial under Rule 12 b 6 of the Federal Rules of Civil Procedure. Mobley insists that she sued Marc Jacobs, the person, not Marc Jacobs International, the corporation. The defendants, on the other hand, assert that the corporation is the proper defendant. We need not resolve this issue because the district court did not err in dismissing her complaint regardless of which Marc Jacobs is the proper defendant in this action.

At this stage of the litigation, we must accept the allegations in Pagty complaint as true and draw all reasonable inferences in her favor. We relate the facts accordingly, expressing no opinion as to what the evidence adduced at Paryy would show. To the extent Mobley intended to bring them, we do not consider her conversion, plagiarism, Fifth Amendment, or fermotn infliction of emotional distress IIED claims. To begin with, she has Party girls in fermont any conversion claim that she may have alleged because she mentioned it only in passing in her initial brief.

The fact that she mentions her conversion claim several additional times in her reply brief does not make up for that deficiency. Girla do not consider her plagiarism claim because Mobley never mentioned it in the district court and referred to it only in passing in her initial brief to this Court. And we do not consider vermont Fifth Amendment or IIED claims Mobley raised in the district court because she makes either no mention or only passing mention of them in her briefs to this Court. Georgia courts have looked to the Restatement Second of Torts for guidance in deciding privacy claims, like misappropriation, in the past. To the extent that Mobley seeks to press a misappropriation claim based solely on the defendants' alleged use of the artwork from her book cover, such a claim would also fail.

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DAISY BYRD MOBLEY v. CLAIRE FERMONT LANGLAIS MARC JACOBS INTERNATIONAL COTY INC

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