120 Ind. App. 202 - Rader v. Derby’s Empirical Analysis
1950
Citation profile
8 federal appellate · 9 state decisions
How this case has been cited
Cited by 21 later decisions — most recently July 2014
8 federal appellate · 9 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 Wilson, Admx. v. Rollings · Board of Co. Comm. St Joseph County v. Nevins · Perkins v. Hayward · Hartzler v. Goshen Churn & Ladder Co. · Cleveland, Columbus, Cincinnati & Indianapolis Railway Co. v. Closser
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 21 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Unfair competition is always a question of fact. The question to be determined in every case is whether or not, as a matter of fact, the name or mark used by defendant has previously come to indicate and designate plaintiff's goods, or, to state it another way, whether defendant, as a matter of fact, is by his conduct passing off his goods as plaintiff's goods, or his business as plaintiff's business.”
2 later decisions quote this exact passage“from using any advertisement, card or other device, in which the words, `Old Hickory' or `Old Hickory Paddle Company,' appear.”
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.