157 F. Supp. 2d 449 - Basic Fun, Inc. v. X-CONCEPTS, LLC’s Empirical Analysis
2001
Citation profile
3 federal appellate · 1 district ·
Relationships
Applies 17 U.S.C. § 204 (§ 101 of the Copyright Act of 1976) · 17 U.S.C. § 410 (§ 101 of the Copyright Act of 1976)
Relies on Opticians Ass'n of America v. Independent Opticians of America · Fisons Horticulture Inc 93-7224 v. Vigoro Industries Inc 93-7287 · Corporation v. Jiffy Lube International Inc W F III · Hard Rock Cafe Licensing Corporation v. Concession Services Incorporated Hard Rock Cafe Licensing Corporation · Adams v. Freedom Forge Corp.
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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“If the infringers sincerely intended not to infringe, the injunction harms them little; if they do, it gives [the trademark owner] substantial protection of its trademark.”
1 later decision quote this exact passage · from the majority“the Third Circuit does not recognize the `nominative' fair use defense, which is utilized as a defense solely in the Ninth Circuit”
1 later decision quote this exact passage · from the majority“[T]rademark infringement amounts to irreparable injury as a matter of law.”
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.