Rosengart v. Ostrex Co.’s Empirical Analysis
136 F.2d 249 · 1943
Citation profile
How this case has been cited
Cited by 16 later decisions — most recently April 1960
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 Model Brassiere Co. v. Bromley-Shepard Co. · Ely & Walker Dry Goods Co. v. Sears, Roebuck & Co. · Old Monk Olive Oil Co. v. Southwestern Coca-Cola Bottling Co. · Goodyear Tire & Rubber Co. v. C. Kenyon 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 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“On the question of the duty of the petitioner for cancellation to prove the use of its mark at the time of filing the petition, appellant relies to a great extent upon the decision of this court in Old Monk Olive Oil Co. v. Southwestern Coca-Cola Bottling Co., etc., * * * [supra] in which we referred to our ruling in Model Brassiere Co., Inc. v. Bromley-Shepard Co., Inc., * * * [supra]. Even a superficial examination of the facts involved there shows that they are not on all fours with the facts presented here. In neither of those cases were we speaking of a registered mark. Moreover in the Old Monk Olive Oil Co. case, there was no attempt to show use of the mark or the right to use it during the period beginning five or six years before the cancellation proceedings were instituted. The facts are different here. The incorporated record shows that the registered mark "Ostrex”
1 later decision quote this exact passage“was, by the registrant (who was president of the Ostrex Company), transferred to his company a little over three years prior to the filing of the instant petition for cancellation, but during approximately two years of the intervening time the opposition proceedings hereinbefore spoken of were in progress, and those proceedings were based on the Ostrex Company's ownership and use of its said registered mark.”
1 later decision quote this exact passage“A certificate of registration of a mark upon the principal register provided by this Act shall be prima facie evidence of the validity of the registration, registrant's ownership of the mark, and of registrant's exclusive right to use the mark in commerce in connection with the goods or services specified in the certificate, subject to any conditions and limitations stated therein.”
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.