Best & Co. v. Miller’s Empirical Analysis
167 F.2d 374 · 1948
Citation profile
31 federal appellate · 2 district · 3 state decisions
How this case has been cited
Cited by 71 later decisions — most recently June 2014 · most notably Abercrombie & Fitch Co. v. Hunting World, Inc. (1976), Maternally Yours, Inc. v. Your Maternity Shop, Inc. (1956)
31 federal appellate · 2 district · 3 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.
Relationships
Applies 15 U.S.C. § 1051 (§ 1 of the Trademark Act of 1946 (Lanham Act)) · 15 U.S.C. § 1052 (§ 2 of the Trademark Act of 1946 (Lanham Act)) · 15 U.S.C. § 1119 (§ 37 of the Trademark Act of 1946 (Lanham Act)) · 15 U.S.C. § 1121 (§ 39 of the Trademark Act of 1946 (Lanham Act)) · 15 U.S.C. § 81
Relies on Hurn v. Oursler · Armstrong Paint & Varnish Works v. Nu-Enamel Corp. · Menendez v. Holt · McLean v. Fleming · Mishawaka Rubber & Woolen Manufacturing Co. v. S. S. Kresge Co.
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 71 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“the test of trade-mark infringement differs little, if any, from the test of unfair competition,”
1 later decision quote this exact passage · from the majority“); Florence Mfg. Co. v. J. C. Dowd & Co., 2 Cir., 178 F. 73 (”
1 later decision quote this exact passage · from the majority“whether the public is likely to be deceived.”
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.