Blastos v. Humphrey’s Empirical Analysis
1972
Citation profile
7 district · 2 state decisions
How this case has been cited
Cited by 9 later decisions — most recently October 2003
7 district · 2 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 Armstrong Paint & Varnish Works v. Nu-Enamel Corp. · Bogosian v. Fine · Weiss v. the Stork Gift Shop · Mr. Travel, Inc. v. v. I. P. Travel Service, Inc. · Nardini's Restaurant, Inc. v. Sterling Restaurant Co.
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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The [plaintiff’s] right to an injunction depended upon [a] showing that substantial likelihood of confusion resulted from defendant’s use. Restatement of Torts, s. 727, Comment c; ss. 728, 729 (1938); Prosser, Torts s. 130, at 957, 958 (4th ed. 1971). . . . [The plaintiff was] not required to stand by until actual confusion caused damage. Where an injunction is sought as is the case here, ‘the determinative factor ... is not that purchasers have, in fact, been deceived, but that there is a reasonable likelihood thereof.’ 3 Callman [sic], Unfair Competition, Trademarks and Monopolies s. 80.6 (3d ed. 1969); Developments in the Law-Trademarks and Unfair Competition, 68 Harv. L. Rev. 814 , 862 (1955). The issue of confusing similarity is one of fact. Restatement of Torts, s. 728, Comment a (1938).””
2 later decisions 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.