Application of Marlan E. Bourns’s Empirical Analysis
1958
Citation profile
5
cited by 5 later decisions
May 1969
most recently cited
Relationships
Relies on Campbell Soup Co. v. Armour & Co. · In re Swift & Co. · In re Burgess Battery Co. · In re Burgess Battery Co. · In re Bourns
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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“It is contended in the brief on behalf of the Commissioner that `configuration of goods,' as used in section 23, `must be restricted to the configuration of a particular part or feature of the article and may not extend to the shape or design of the entire device.' We find it unnecessary to rule on that contention, however, since we are of the opinion the * * * configuration of appellant's potentiometer is not capable of distinguishing it from the goods of others within the meaning of section 23.”
1 later decision quote this exact passage“However, a somewhat similar question has been passed on with respect to packages, and it would seem the same principles would be fairly applicable in both cases. In fact, in some instances, such as perfumes or beverages sold in ornamental bottles designed to be used after the contents have been disposed of, the line of distinction between the package and configuration of the goods is quite vague.”
1 later decision quote this exact passage“that the ordinary purchaser would be likely to consider that it indicated such origin.”
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.