Houston v. Berde’s Empirical Analysis
1942
Citation profile
3 federal appellate · 10 state decisions
How this case has been cited
Cited by 13 later decisions — most recently May 1979
3 federal appellate · 10 state decisions
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 Kellogg Co. v. National Biscuit Co. · Singer Manuf'G Co v. June Manuf'G Co · Straus v. Notaseme Hosiery Co. · Coca-Cola Co. v. Chero-Cola Co. · Trappey v. McIlhenny Co.
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 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“have acquired a secondary meaning, associating them in the public mind with plaintiff's business, if there is not shown confusion of the public or tendency to deception, injunction will not be granted. The case emphasizes the fact that defendant used his own name and the possessive”
1 later decision quote this exact passage“it is only the manner of their use by another that is considered and restrained. There must be confusion or deception with implicit representation that the goods of the later are those of the first user.”
1 later decision quote this exact passage
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.