McGhan v. McGhan’s Empirical Analysis
1934
Citation profile
4 federal appellate · 20 state decisions
How this case has been cited
Cited by 26 later decisions — most recently June 2006 · most notably B. H. Bunn Co., Inc., Plaintiff-Appellant-Cross v. Aaa Replacement Parts Co., Inc., Defendants-Appellees-Cross (1971), Junior Food Stores of W. Fla. v. Jr. Food Stores, Inc. (1969)
4 federal appellate · 20 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 Eastern Outfitting Co. v. Manheim · Gottdiener v. Joe's Restaurant, Inc.
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 26 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"An infringement on a trade-name is such a colorable imitation thereof that the general public, in the exercise of reasonable care, might think that it is the name of the one first appropriating it. Where such a similarity occurs and it tends to divert trade from a business rival, it is considered a fraud, and is subject to being enjoined, although the prior user may not have an exclusive right to the use of the name. To entitle a person to relief a proprietary interest in the name is not held to be essential; it being sufficient to show that complainant has an interest in the good will of the business threatened by the alleged unfair competition. It is the injury to a competitor caused by deceptive and fraudulent conduct that is the ground upon which courts of equity act in affording relief, and the right to relief is predicated upon the accepted principles of common business integrity. * * *"”
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.