Howe Scale Company of 1886 v. Wyckoff Seamans Benedict’s Empirical Analysis

Citation profile

158 federal appellate · 57 district · 120 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 478 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The essence of the wrong in unfair competition consists in the sale of the goods of one manufacturer or vendor for those of another, and, if defendant so conducts its business as not to palm off its goods as those of complainant, the action fails.””

   22 later decisions quote this exact passage · from the majority
   e.g. Dr. A. Reed Cushion Shoe Co. v. Frew · Thaddeus Davids Co. v. Davids

2. “"We hold that, in the absence of contract, fraud, or estoppel, any man may use his own name, in all legitimate ways, and as the whole or a part of a corporate name. And, in our view, defendant's name and trade-mark were not; intended or likely to deceive and there was nothing of substance shown in defendant’s conduct in tlieir use constituting unfair competition, or calling for the imposition of rosirietions, lest actionable injury might result, as may confessedly be done in a proper case.””

   4 later decisions quote this exact passage · from the majority
   e.g. Hall's Safe Co. v. Herring-Hall-Marvin Safe Co. · Thaddeus Davids Co. v. Davids

3. ““It is only when the adoption or imitation of what is claimed to be a trade-mark amounts to a false representation, express or implied, designed or incidental, that there is any title to relief against it. True it may be that the use by a second producer, in describing truthfully his product, of a name or a combination of words already in use by another, may have the effect of causing the public to mistake as to the origin or ownership of the product, but if it is just as true in its application to his goods as it is to those of another who first applied it, and who therefor© claims a.n exclusive right to use it, there is no legal or moral wrong’ done. Purchasers may be mistaken, but they are not deceived by false representations, and equity will not enjoin against telling the truth.””

   2 later decisions quote this exact passage · from the majority
   e.g. Beech-Nut Packing Co. v. P. Lorillard Co. · Federal Trade Commission v. Klesner