Edison v. Hawthorne’s Empirical Analysis

Citation profile

1 federal appellate ·

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 1 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The defendants are merchants of the city of Philadelphia, and (among other articles) deal in- phonographs, graphophones, and supplies for such instruments. A sign above their place of business displays the words, ‘The Edison Phonograph Agency;’ and the object of this bill is, to quote from ■the principal prayer, ‘that the said defendants may be restrained from using the name “Edison Phonograph Agency” in connection with the said business carried on by them, and from using your orator’s name, or any part thereof, in connection with their said business, and from holding themselves out in ■ any way as agents of your orator.’ The use of the sign began in October, 1894, or thereabouts, when the relation of the defendants to the sale of the Edison phonograph justified them in so describing this branch of their business. They were then actively employed in advertising and advancing the sale of the E.dison phonograph, and were properly described as agents for the sale of this instrument. In the early part of the year 1899, however, these relations came to an end with some abruptness, and since that time, although they still sell Edison phonographs, they are in no sense agents, either for the corporation that manufactures the phonographs, or for the corporation that sells them. Mr. Edison, as an individual, neither manufactures nor sells.””

   1 later decision quote this exact passage · from the majority
   e.g. Edison v. Hawthorne