Higgins v. Keuffel’s Empirical Analysis

Citation profile

34 federal appellate · 29 district · 3 state decisions

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 110 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““It does not have any reference to labels, which simply designate or describe the articles to which they are attached, and which have no value separated from the articles, and no possible influence upon science or the useful arts. A label on a box of fruit, giving its name as ‘grapes,’ even with the addition of adjectives characterizing their quality as ‘black’ or ‘white’ or ‘sweet,’ or indicating the place of their growth, as Malaga or California, does not come within the object of the clause. The use of such labels upon those articles has no connection with the progress of science and the useful arts. So a label designating ink as ‘black,’ ‘blue,’ or ‘red,’ or ‘indelible,’ or ‘insoluble,’ or as possessing any other quality, has nothing to do with such progress. It cannot, therefore, he held, by any reasonable argument, that the protection of mere labels is within the purpose of the clause in question. To he entitled to a copyright, the article must have by itself some value as a composition, at least io the extent of serving some purpose other than as a mere advertisement, or designation of the subject to which it is attached.””

   4 later decisions quote this exact passage · from the majority
   e.g. Courier Lithographing Co. v. Donaldson Lithographing Co. · M. B. Fahey Tobacco Co. v. Senior

2. ““Tbe copyright Is secured when the registration is complete and a certificate of the registration is given by the commissioner; just as under the former law it was secured when the proper filing had been made with the librarian of congress, and his certificate was issued.””

   2 later decisions quote this exact passage · from the majority
   e.g. Edward Thompson Co. v. American Law Book Co. · Fargo Mercantile Co. v. Brechet & Richter Co.

3. ““It is very clear Hint Hubbard, as tlie proprietor of the copyright, was bound to give the statutory notice in the several copies of every edition published by him, and that he did not do so. The plain declaration of the statute is that no person shall maintain an action for the infringement of his copyright, unless he shall give notice thereof by inserting the prescribed words in the several copies of every edition published. That means every edition which he, as controlling the publication, publishes. His failure to give such notice debars him from maintaining an action for the infringement of his copyright. The word ‘action’ means an action either at law or in equity.””

   1 later decision quote this exact passage · from the majority
   e.g. Record & Guide Co. v. Bromley