Eiseman v. Schiffer’s Empirical Analysis
157 F. 473 · 1907
Citation profile
3 federal appellate · 1 district · 2 state decisions
How this case has been cited
Cited by 12 later decisions (2 by the Supreme Court) — most recently May 1988
3 federal appellate · 1 district · 2 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.
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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““At about tbe time of tbe execution of the instrument it turned over to Eiseman & Co. all goods in its possession marked ‘Radium’; but it appears that after November 23, 1905, tbe Gilbert Company continued to conduct tbe business in which it has used -the mark precisely as it had before, with tbe single exception that it affixed tbe mark ‘Electra,’ instead of ‘Radium,’ to tbe goods it sold. Tbe evidence is persuasive to tbe conclusion that this is exactly what both parties intended; -that neither of them contemplated that the business in which the mark had been used should be turned over by the company to the firm. But the statute contemplates that, whatever extensions of the trade-mark through extensions of business may subsequently be legitimately acquired by the assignee, he shall take over -the good will of the business in which, prior to assignment, the trade-mark has been used. Both are to pass together. The trade-mark shall not be conveyed to one, and the particular business in which it was used remain with the other. That seems to be the policy of the statute, expressed in sufficiently plain terms, and it is unnecessary to discuss the question whether this provision is a, mere statement of existing law or is a new departure. It is not contended that the original owner of the trade-mark shall go out of the dry goods business, nor that it shall cease to sell silk dress goods in the piece to which it has not appropriated the trade-mark. But, when a trader has sold some p”
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.