National Van Lines v. Dean’s Empirical Analysis
237 F.2d 688 · 1956
Citation profile
48 federal appellate · 6 district · 2 state decisions
How this case has been cited
Cited by 78 later decisions — most recently April 2004 · most notably Fleischmann Distilling Corp. v. Maier Brewing Co. (1963), Bandag, Inc. v. Al Bolser's Tire Stores, Inc. (1984)
48 federal appellate · 6 district · 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 15 U.S.C. § 1052 (§ 2 of the Trademark Act of 1946 (Lanham Act))
Relies on Champion Spark Plug Co. v. Sanders · Pennsylvania v. Nelson · Aunt Jemima Mills Co. v. Rigney & Co. · Milwaukee & Suburban Transport Corp. v. Public Service Commission · Jesson v. Noyes
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 78 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Appellant, National Van Lines, Inc., is an Illinois corporation. It engages in the nationwide business of moving household goods by motor van. The forerunner of the present company was started in 1928, under the name ‘National Shippers & Movers.’ In about 1930, the company began using this name, placed horizontally on a shield with vertical stripes, as a service mark. “In June, 1934, the business was incorporated under the name ‘National Van Lines, Inc.’ The service mark was then changed to its present form. It shows the new name in blue or black, between heavy red or black lines, across the middle of a shield. The upper part of the shield is in blue or black, across which the words ‘National Wide’ appear in white. The lower part of the shield, outlined in blue or black, consists of red and white, or black and white, vertical stripes. “Late in October, 1944, appellant and appellee, Alfred E. Dean, entered into negotiations looking to the execution of an agency contract. In contemplation of this arrangement, Dean began a local moving van business in the San Diego Bay area, under the name ‘National Van & Storage.’ The contract was signed on November 7, 1944. Under its terms, appellee undertook to book interstate shipments for appellant on a commission basis. The contract was signed on November 7, 1944. Under its terms, appellee undertook to book interstate shipments for appellant on a commission basis. The business so booked was to be handled by appellant under the latter’s na”
2 later decisions quote this exact passage · from the majority““Since we have found appellee’s acts to have been willful and calculated to trade upon appellant’s good will, the latter is entitled to recover its actual and reasonable attorney’s fees incurred in' this litigation.” ( 237 F.2d at 694 .)”
2 later decisions quote this exact passage · from the majority“6. Defendant, his agents, servants, employees and all those in concert with him, are hereby permanently enjoined and restrained from: 17 "a. Conducting business or rendering services related to or comprising moving household goods by motor van, under the trade name or service mark, the principal characteristic of which is the use of vertical stripes in red and white, or black and white, below a name which begins with the word `National' or any colorable imitation thereof. 18 "b. Otherwise competing unfairly with plaintiff in rendering services comprising moving household goods by motor van.”
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.