Rushton v. Vitale’s Empirical Analysis
218 F.2d 434 · 1955
Citation profile
43 federal appellate · 2 state decisions
How this case has been cited
Cited by 100 later decisions — most recently April 2010 · most notably Durham Industries, Inc. v. Tomy Corp. (1980), Novelty Textile Mills, Inc. v. Joan Fabrics Corp. (1977)
43 federal appellate · 2 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
Applies 28 U.S.C. § 1292
Relies on Mazer v. Stein · F. W. Woolworth Co. v. Contemporary Arts, Inc. · Alfred Bell & Co. v. Catalda Fine Arts, Inc. · American Code Co. v. Bensinger
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 100 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““All that is needed to satisfy both the Constitution and the statute is that the ‘author’ contributed something more than a ‘merely trivial’ variation, something recognizably ‘his own.’ Originality in this context ‘means little more than a prohibition of actual copying.’ No matter how poor artistically the ‘author’s’ addition, it is enough if it be his own. [Bleistein v. Donaldson Lithographing Co., 188 U. S. 239, 250 , 23 S.Ct. 298 , 47 L.Ed. 460 ].””
2 later decisions quote this exact passage“The mere fact that ... (a stuffed toy chimp is) based on a live model does not deprive (him) ... of the necessary amount of originality.”
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.