138 F. Supp. 2d 491 - Boule v. Hutton’s Empirical Analysis
2001
Citation profile
2 federal appellate ·
Relationships
Applies 15 U.S.C. § 1125 (§ 43 of the Trademark Act of 1946 (Lanham Act))
Relies on New York Times Co. v. Sullivan · Connick v. Myers · Oswego Laborers' Local 214 Pension Fund v. Marine Midland Bank, N. A. · Howell v. New York Post Co. · Chapadeau v. Utica Observer-Dispatch, 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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[Lazar] never had a solo show during his lifetime, nor did he or his family ever sell or part with any of his works, according to his son and daughter-in-law, Mark and Regina Khidekel. On this point, they were adamant. ... But when they finally saw the works, which belong to Paris collectors Claude and René Boulé, they were even more puzzled. "I don’t know whether they're fakes or works of somebody else,” says Regina. "I only know, and we are absolutely sure, that they have nothing to do with Khidekel.” They also wondered where so large a collection — about 200 works, primarily watercolors — that were unknown to them could have come from. The Boulés refused to tell them. Mark and Regina say that they told the Boulés the works were not Khidekels.... What makes Mark and Regina most indignant is that the catalogue [for the Joliette Museum exhibition] gives the impression that they endorse the Boulé collection, which they most emphatically do not.”
2 later decisions quote this exact passage · from the majority“This is to inform you that we, the undersigned, Mark Khidekel and Regina Khidek-el, the heirs of Lazar Markovich Khidekel, and Ingrid Hutton, completely repudiate the catalogue of the exhibition of works by Lazar Markovich Khidekel published by the Musee d'art de Joliette, Quebec, Canada in 1992. We will not permit this catalogue to be cited in connection with any works by Lazar Markovich Khidekel coming from the Khidekel Family or from the Leonard Hutton Galleries nor should this catalogue be cited by any other person or institution as reference material or in any other way in connection with works by Khidekel coming from the Khidekel Family or Leonard Hutton Galleries.”
1 later decision quote this exact passage · from the majoritye.g. Boule v. Hutton“The Boulés purchased 176 works on paper for cash from Vladimir Tsarenkov, an individual who had initially required the Boulés not to disclose his identity. Plaintiffs have been unable to proffer any further evidence concerning the source or history of their works.... The absence of any provenance does not support authenticity.”
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.