Badger Meter Incorporated v. Grinnell Corporation’s Empirical Analysis
13 F.3d 1145 · 1994
Citation profile
21 federal appellate · 3 district · 1 state decisions
How this case has been cited
Cited by 71 later decisions — most recently July 2024 · most notably Southland Sod Farms v. Stover Seed Co. (1997), Basf Corporation v. Old World Trading Company Incorporated (1994)
21 federal appellate · 3 district · 1 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
Applies 15 U.S.C. § 1117 (§ 35 of the Trademark Act of 1946 (Lanham Act)) · 15 U.S.C. § 1125 (§ 43 of the Trademark Act of 1946 (Lanham Act)) · 17 U.S.C. § 504 (§ 101 of the Copyright Act of 1976) · 28 U.S.C. § 1291
Relies on Cooter & Gell v. Hartmarx Corp. · Two Pesos, Inc. v. Taco Cabana, Inc. · Sears, Roebuck & Co. v. Stiffel Co. · Isaksen v. Vermont Castings, Inc. · Idaho v. Wright
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 71 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“cases where the acts of infringement can be characterized as malicious, fraudulent, deliberate, or willful.”
3 later decisions quote this exact passage · from the majority“(1) the similarity between the trade dress in appearance and suggestion; (2) similarity of the products; (3) area and manner of concurrent use; (4) degree of care likely to be exercised by consumers; (5) strength of complainant’s trade dress; (6) actual confusion; and (7) intent of defendant “to palm off his product as that of another.””
1 later decision quote this exact passage · from the majority“Under this section any recovery to the plaintiff must constitute 'compensation' for its own losses or for the defendant's unjust enrichment; section 1117(a) (unlike section 1117(b)) does not allow a 'penalty' against the defendant.”
1 later decision quote this exact passage · from the majority
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.