Rowley v. J. E. Rowley Co.’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 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"against the defendant, his agents, employes, servants or by any one acting. on his behalf, restraining him and them from making and selling any artificial limbs in imitation of the goods made and sold by the plaintiff, in which the dress, covering, or appearance is such that it would likely deceive the public or prospective purchasers; from mailing letters or circulars such as would deceive the ordinary purchasers into believing that the defendant's goods were the plain!iffs goods; from the use of the name ‘Howley’ without initials in any maimer whatsoever in the manufacture or sale of artificial limbs; from the use, of the name ‘Rowley’ with initials in any manner whatsoever in tlie manufacture and'sale of artificial limbs, unless in each and every instance in which the name is so used, it is accompanied by explanatory words sufficient to clearly distinguish the goods manufactured from the goods of the complainant. And it is further ordered, adjudged and decreed that the plaintiff recover from the said defendant the damages sustained in or by reason of unfair competition, and also profits gained and savings made or realized by the defendant by reason of unfair competition so practiced, and that this cause be referred to H. D. Gamble, master, to take, state and report an account of damages and profits under and in accordance with this decree. And it is ordered that the costs of the case, including the costs of accounting, be divided between the parties.””

   1 later decision quote this exact passage · from the majority
   e.g. J. F. Rowley Co. v. Rowley