Kuyper v. Witteman’s Empirical Analysis

Citation profile

1 district ·

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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The complainants, upon the facts shown in the bill of connplaint, have a good title to their trade mark, and a case for- its protection, irrespective of their statutory rights under the registration in the patent office. As the necessary diversity of citizenship exists between the parties, they are entitled to invoke the jurisdiction of this court. Upon the allegations of the bill the defendants are actively engaged in assisting third persons to .use the complainants’ trade-mark in violation of their rights. The mere act of printing and selling labels in imitation of the complainants’ might be innocent, and, without evidence of an illicit purpose, would not be a violation of the complainants’ rights. It is otherwise, however, when this is done with the obvious purpose of enabling others, by the use of the labels, to palm off their goods upon the public as the goods of the complainants.””

   1 later decision quote this exact passage
   e.g. Hennessy v. Herrmann