Hanover Star Milling Co. v. Metcalf’s Empirical Analysis

Citation profile

569 federal appellate · 262 district · 118 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 1,666 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““ * * * But where two parties independently are employing the same mark upon goods of the same class, but in separate markets wholly remote the one from the other, the question of prior appropriation is legally insignificant, unless at least it appear that the second adopter has selected the mark with some design inimical to the interests of the first user, such as to take the benefit of the reputation of his goods, to forestall the extension of his trade, or the like.””

   19 later decisions quote this exact passage · from the majority
   e.g. United Drug Co. v. Theodore Rectanus Co. · Food Fair Stores, Inc. v. Lakeland Grocery Corp.

2. “Into whatever markets the use of a trademark has extended, or its meaning has become known, there will be the manufacturer or trader whose trade is pirated by an infringing use be entitled to protection and redress.”

   8 later decisions quote this exact passage · from the majority
   e.g. National Circle, Daughters of Isabella v. National Order of Daughters of Isabella · 51 West 51st Corp. v. Roland

3. “But the mark, of itself, cannot travel to markets where there is no article to wear the badge and no trader to offer the article_ [T]he trade-mark right assigned” cannot be”

   6 later decisions quote this exact passage · from the majority
   e.g. International Bancorp, LLC v. Societe des Bains de Mer et du Cercle des Etrangers a Monaco · Scandinavia Belting Co. v. Asbestos & Rubber Works of America, Inc.