Walter Baker & Co. v. Gray’s Empirical Analysis
192 F. 921 · 1911
Citation profile
2 federal appellate · 3 district ·
How this case has been cited
Cited by 6 later decisions — most recently May 1944
2 federal appellate · 3 district ·
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
Relies on McLean v. Fleming · Singer Manuf'G Co v. June Manuf'G Co · Columbia Mill Co. v. Alcorn · Howe Scale Company of 1886 v. Wyckoff Seamans Benedict · Herring-Hall-Marvin Safe Company v. Hall's Safe Company C H O
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.
““Every manufacturer and vendor lias the undoubted right to sell the goods he makes or owns to the public, to his own customers, and to the customers ol' his competitors if he can, at lower prices and on better terms than those furnished by them, and by these and by all fair means to divert their trade to himself, even though his activity and enterprise may destroy the business of his rivals. The only intention the law condemns is the purpose of a manufacturer or vendor to palm off his own goods as those of his competitor, and the only acts from which such an intention may be lawfully inferred are those whose natural and probable effect is to perpetrate such a fraud. The line or demarcation between acts indicative of a lawful and of 'an unlawful intent here runs wide and clear between those which would not and those which would be likely to induce the common purchaser, when exercising ordinary care, to buy the article of the vendor as the product or property of his competitor. The duty is imposed upon every manufacturer or vendor to so distinguish the article he makes or the goods he sells from those of liis rival that: neither its name nor its dress will probably deceive the public or mislead the common buyer. He is not, however, required to insure to the negligent or the indifferent a knowledge of the manufacture or the ownership of the articles he presents. His competitor has no better right to a monopoly of the trade of tlio careless and indifferent than he has, and any ru”
3 later decisions 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.