Sportswear Inc’s Empirical Analysis

Citation profile

10 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 36 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

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'... 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 ... shall be liable in a civil action by any person who believes that he or she is or is likely to be damaged by such act.”

   2 later decisions quote this exact passage · from the majority
   e.g. Maya Swimwear, Corp. v. Maya Swimwear, LLC · 785 F. Supp. 2d 443 - Lingo v. Lingo

2. “Any person who, on or in connection with any goods or services, ..., 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 ... shall be hable in a civil action by any person who believes that he or she is likely to be damaged by such act.”

   1 later decision quote this exact passage · from the majority
   e.g. 94 F. Supp. 2d 566 - Gideons International, Inc. v. Gideon 300 Ministries, Inc.

3. “"Reverse confusion occurs when a larger more powerful company uses the trademark of a smaller, less powerful senior owner and thereby causes likely confusion as to the source of the senior user's goods or services." The result of reverse confusion, which is similar to dilution, "is that the senior user loses the value of the trademark-its product identity, corporate identity, control over its goodwill and reputation, and ability to move into new markets."”

   1 later decision quote this exact passage · from the majority
   e.g. 57 F. Supp. 2d 155 - A & H Sportswear Co. v. Victoria's Secret Stores, Inc.