Gulden v. Chance’s Empirical Analysis

Citation profile

5 federal appellate · 4 district · 1 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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The iiefendants’ bottles with their labels, complainant’s exhibits Nos. 7, 8 and 9, particularly complained of, while differing somewhat in details from those of the complainant, exhibits Nos. 4, 5 and 6, are in their general appearance strikingly similar. They are confusing, deceptive and misleading and, as already stated, intended by the defendants so to be. When the bottles of the defendants' with their labels are viewed side by side with the bottles of the complainant with their labels, differences may be perceived which might prevent confusion on the part of purchasers who have both before them at the same time. But purchasers may not and do not as a rule have both simultaneously before them for comparison. If they have come to associate the complainant’s bottles and labels with olives packed and sold by him and thereafter see the olive bottles and labels of the defendants, the complainant’s bottles and labels not being at the time before their eyes, it is-highly probable that purchasers in the exercise of only such degree of care as is usually observed by and reasonably to be expected from them under varying conditions of knowledge, intelligence and nationality, will be- misled or deceived into the belief that in buying olives packed and dressed by the defendants, they are getting those of the complainant. The fact that salesmen or middlemen are in a position to distinguish the olives packed by the defendants from those packed by the complainant by reason of difference”

   1 later decision quote this exact passage · from the majority
   e.g. Tanqueray, Gordon & Co. v. Gordon Distilling & Distributing Co.

2. ““The complainant is also entitled to recover all profits and damages lost and sustained by him by reason of all sales by the defendants,” etc.”

   1 later decision quote this exact passage · from the majority
   e.g. Wolf Bros. & Co. v. Hamilton-Brown Shoe Co.