Strick Corp. v. Strickland’s Empirical Analysis

Citation profile

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

1. “[T]rademark law requires reasonableness on the part of consumers. Although the need to search for a mark holder’s site may rise to the level of inconvenience, this inconvenience is not cognizable. An Internet user who intends to access either party’s products or services, but who has not done so before, may go to a search engine, or on America Online, to Keyword. Any inconvenience to an Internet user searching for Plaintiffs web site is trivial. Searches for Plaintiffs web page on popular internet search engines, including goo-gle.com, goto.com, and lycos.com, list Plaintiffs web site as their first or second “hits.””

   2 later decisions quote this exact passage · from the majority
   e.g. 177 F. Supp. 2d 661 - Ford Motor Co. v. 2600 Enterprises · 177 F. Supp. 2d 635 - Ford Motor Co. v. Greatdomains. Com, Inc.

2. “(1) Any person who, on or in connection with any goods or services, or any container for goods, uses in commerce any word, term, name, symbol, or device, or any combination thereof, or any false designation of origin, false or misleading description of fact, or false or misleading representation of fact, which— (A) is likely to cause confusion, or to cause mistake, or to deceive as to the affiliation, connection, or association of such person with another person, or as to the origin, sponsorship, or approval of his or her goods, services, or commercial activities by another person, or (B) in commercial advertising or promotion, misrepresents the nature, characteristics, qualities, or geographic origin of his or her or another person's goods, services, or commercial activities,”

   1 later decision quote this exact passage · from the majority
   e.g. 437 F. Supp. 2d 312 - Tillery v. Leonard & Sciolla, LLP

3. “[I]t is clear that nothing in trademark law requires that title to domain names that incorporate trademarks or portions of trademarks be provided to trademark holders. To hold otherwise would create an immediate and indefinite monopoly to all famous marks holders on the Internet, by which they could lay claim to all .com domain names which are arguably “the same” as their mark. The Court may not create such property rights-in-gross as a matter of dilution law. Trademark law does not support such a monopoly.”

   1 later decision quote this exact passage · from the majority
   e.g. 177 F. Supp. 2d 635 - Ford Motor Co. v. Greatdomains. Com, Inc.