Dymow v. Bolton’s Empirical Analysis
11 F.2d 690 · 1926
Citation profile
38 federal appellate · 7 district · 8 state decisions
How this case has been cited
Cited by 83 later decisions — most recently June 2016 · most notably Arnstein v. Porter (1946), Nichols v. Universal Pictures Corp. (1930)
38 federal appellate · 7 district · 8 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Holmes v. Hurst · Kalem Co. v. Harper Bros. · King Features Syndicate v. Fleischer · Dam v. Kirk La Shelle Co. · Kalem Company v. Harper Brothers L
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 83 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[I]f the same idea can be expressed in a plurality of totally different manners, a plurality of copyrights may result ...”
6 later decisions quote this exact passagee.g. 369 F. Supp. 2d 539 - FMC Corp. v. Control Solutions, Inc. · Franklin Mint Corporation, in 77-1527 v. National Wildlife Art Exchange, Inc. And Ralph H. Stewart. National Wildlife Art Exchange, Inc., in 77-1526 v. The Franklin Mint Gallery of American Art, Inc. Appeal of National Wildlife Art Exchange, Inc., and Ralph H. Stewart, in 77-1525“This incomplete skeleton the two plays have in common, but it is with real difficulty that the flesh and blood, the incidental, yet essential adornment and trimming, of the plays can be cut away to show similarity between a few bones. This difficulty is fatal to plaintiff's case ... the copying which is infringement must be something ... recognized as having been taken from the work of another.”
1 later decision quote this exact passage““it requires dissection rather than observation to discern any resemblance.” Dymow v. Bolton, 2 Cir., 11 F.2d 690, 692 .”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.