Bubble Genius LLC v. Smith’s Empirical Analysis
2017
Citation profile
Relationships
Applies 15 U.S.C. § 1114 (§ 32 of the Trademark Act of 1946 (Lanham Act)) · 15 U.S.C. § 1125 (§ 43 of the Trademark Act of 1946 (Lanham Act))
Relies on Bell Atlantic Corp. v. Twombly · Ashcroft v. Iqbal · Foman v. Davis · Inwood Laboratories, Inc. v. Ives Laboratories, Inc. · Chambers v. Time Warner, Inc.
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 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“) Accordingly, the branch of defendants' motion seeking dismissal of plaintiff's claims under Section 43(a)(1)(A) of the Lanham Act pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure is granted and plaintiff's claims under Section 43(a)(1)(A) of the Lanham Act (Count III of the amended complaint) are dismissed in their entirety with prejudice for failure to state a claim for relief. 15 4. State Law Dilution, Trademark Infringement and Unfair Competition Claims A dilution claim under N.Y. Gen. Bus. Law § 360 - l , requires the plaintiff to show:”
1 later decision quote this exact passage“Without a valid trademark entitled to protection under the Lanham Act, whether in the form of an unregistered trademark, valid trade dress or other source of recognized protection, [the plaintiff] fails to state a claim for unfair competition based on the copying of its descriptive trademark and design features”
1 later decision quote this exact passage“Secondary meaning has been found when continuous exclusive usage of a trade dress occurred over a five-year period.”
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.