Master, Wardens, Searchers, Assistants & Commonalty of Co. of Cutlers in Hallamshire, York County v. Cribben & Sexton Co.’s Empirical Analysis
202 F.2d 779 · 1953
Citation profile
5 federal appellate ·
Relationships
Applies 15 U.S.C. § 1052 (§ 2 of the Trademark Act of 1946 (Lanham Act)) · 15 U.S.C. § 1126 (§ 44 of the Trademark Act of 1946 (Lanham Act)) · 15 U.S.C. § 1127 (§ 45 of the Trademark Act of 1946 (Lanham Act))
Relies on Steele v. Bulova Watch Co. · Elgin National Watch Company v. Illinois Watch Case Company W · Columbia Mill Co. v. Alcorn · Baglin v. Cusenier Co. · Bacardi Corporation of America v. Domenech
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 21 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“`It seems to me that before it can be stated that a word which is a generic designation of an article can be considered as having acquired the status of a trade mark of a single company for that same article, more should be shown than use by the applicant and the harmonious attitude of the trade. It would appear that before the word could be considered a trade mark, it must have become practically obsolete as a generic name for the article and must be recognized by the public as a trade mark rather than as a generic term of the English language.' 13”
1 later decision quote this exact passage · from the majority“on the ground, among other things, that basically it consists of matter which falsely suggests a connection with the renowned manufacturing industry of steel located at Sheffield, England.' 32”
1 later decision quote this exact passage · from the majority“`It is impossible to escape the conclusion that appellee should be refused registration of its mark”
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.