Chance v. Gulden’s Empirical Analysis

Citation profile

2 federal appellate ·

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.

1. ““In tlie opinion of tlie court bélow, the use of the trade-mark ‘Don Csesar’ was a clear infringement of the trade-mark ‘Don Carlos’ used by complainant. So that, whether the ‘Don Csesar’ was used on a label in colorable imitation of complainant’s, or upon any label, or in any way affixed to any bottle, keg, .box or package, it was held to have infringed the property right of the complainant to his trade-mark ‘Don Carlos,’ even though there were no fraudulent attempt to imitate or otherwise appropriate the same. Indeed the decree, by its express language, precludes, as the opinion of the court disavows, any idea or suggestion of unfair competition by reason of the size, color, or general appearance of any label on which the name ‘Don Caesar’ appears. It is a bald injunction against the use by the defendants of the name ‘Don Caesar,’ by whatever devices accompanied or however affixed to any package of olives packed by them. All question of unfair competition, therefore, is eliminated from consideration in this appeal, the sole question being whether the use of the words ‘Don Caesar,’ however placed, upon any package of defendants’ olives was an infringement of the property right of complainant in his trademark of ‘Don Carlos.’ This property right related to the words ‘Don Carlos’ alone, unaccompanied by any label, device, figure or coloring. As stated by the complainant in his application fon registration under the act of Congress, the trade-mark consists of the word ‘Don Carl”

   1 later decision quote this exact passage · from the majority
   e.g. Gulden v. Chance