Baglin v. Cusenier Co.’s Empirical Analysis

Citation profile

100 federal appellate · 38 district · 24 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 289 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “To establish the defence of abandonment it is necessary to show not only acts indicating a practical abandonment, but an actual intent to abandon. Acts which unexplained would be sufficient to establish an abandonment may be answered by showing that there never was an intention to give up and relinquish the right claimed.”

   7 later decisions quote this exact passage · from the majority
   e.g. United States Jaycees v. Philadelphia Jaycees · Squier v. American Telephone & Telegraph Co.

2. “* * * It is undoubtedly true that names which are merely geographical cannot be the subject of exclusive appropriation as trademarks. `Their nature is such that they cannot point to the origin (personal origin) or ownership of the articles of trade to which they may be applied They point only at the place of production, not to the producer, and could they be appropriated exclusively, the appropriation would result in mischievous monopolies.' Delaware and Hudson Canal Company v. Clark, 13 Wall. [311], p. 324, 20 L.Ed. [581], 583. See also Columbia Mill Company v. Alcorn, 150 U.S. 460 , 14 S.Ct. 151, 37 L.Ed. 1144; Elgin National Watch Company v. Illinois Watch Case Company, 179 U.S. 665 , 21 S.Ct. 270, 45 L.Ed. 365. 27 "This familiar principle, however, is not applicable here. * * * If it be assumed that the Monks took their name from the region in France in which they settled in the eleventh century, it still remains true that it became peculiarly their designation. And the word `Chartreuse,' as applied to the liqueur which for generations they made and sold, cannot be regarded in a proper sense as a geographical name. * * *”

   4 later decisions quote this exact passage · from the majority
   e.g. Manitou Springs Mineral Water Co. v. Schueler · McIlhenny Co. v. Gaidry

3. ““The facts, so far as we deem it necessary to state them, are as follows: For several hundred years prior to 1903 — save for a, comparatively brief period following the French Eevolution — the Order of Carthusian Monks occupied the Monastery of the Grande Chartreuse, near Voiron, in the Department of Isere, in France. This was their Mother House. There, by a secret process, they made the liqueur or cordial which, at first sold locally, became, upwards of 50 years ago, the subject of an extensive trade and is known throughout the world as ‘Chartreuse.’ The Monks originally manufactured the liqueur at the Monastery itself and later at Fourvoirie, close by. It was marketed, here and abroad, in bottles of distinctive shape, to which were attached labels bearing the inscription, ‘Liqueur FabriquSe a la Gde. Chartreuse,’ with a facsimile of the signature of L. Gamier, a former Procureur of the Order, and its insignia, a globe, cross and seven stars; and these symbols with ‘Gde. Chartreuse’ underneath were also ground into the glass. In 1876, the then Procureur registered two trade-marks in the Patent Office, and these were re-registered in 1884, under the act of 1881. In the accompanying statement the one was said to consist ‘of the word “Chartreuse,” accompanied by a facsimile of the signature of L. Gamier,’ and the other ‘of the word symbol “Chartreuse” ’; and the combinations in which these were used were described. In the year 1903, having been refused authorization under the F”

   1 later decision quote this exact passage · from the majority
   e.g. Manitou Springs Mineral Water Co. v. Schueler