Packman v. Chicago Tribune Co.’s Empirical Analysis
267 F.3d 628 · 2001
Citation profile
34 federal appellate · 5 district · 1 state decisions
How this case has been cited
Cited by 144 later decisions — most recently September 2023 · most notably Patterson v. Avery Dennison Corp. (2002), Fortune Dynamic, Inc. v. Victoria's Secret Stores Brand Management, Inc. (2010)
34 federal appellate · 5 district · 1 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)) · 15 U.S.C. § 1114 (§ 32 of the Trademark Act of 1946 (Lanham Act)) · 15 U.S.C. § 1115 (§ 33 of the Trademark Act of 1946 (Lanham Act)) · 15 U.S.C. § 1125 (§ 43 of the Trademark Act of 1946 (Lanham Act)) · 15 U.S.C. § 1127 (§ 45 of the Trademark Act of 1946 (Lanham Act))
Relies on Anderson v. Liberty Lobby, Inc. · United Mine Workers of America v. Gibbs · Two Pesos, Inc. v. Taco Cabana, Inc. · Abercrombie & Fitch Co. v. Hunting World, Inc. · Oest v. Illinois Department of Corrections
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 144 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(1) similarity between the marks in appearance and suggestion; (2) similarity of the products; (3) area and manner of concurrent use; (4) degree of care likely to be exercised by consumers; (5) strength of the plaintiff's mark; (6) actual confusion; and (7) intent of the defendant to 'palm off' his product as that of another.”
6 later decisions quote this exact passage · from the majority“(1) Any person who, on or in connection with any goods or services, ... uses in commerce any word, term,-'name, symbol, or device, or any combination thereof, or any false designation of origin, false or misleading description of fact, or false or misleading representation of fact, which— (A) is likely to cause confusion, or to cause mistake, or to deceive as to the affiliation, connection, or association of such person with another person, or as to the origin, sponsorship, or approval of his or her goods, services, or commercial activities by another person, or (B) in commercial advertising or promotion, misrepresents the nature, characteristics, qualities, or geographic origin of his or her or another person’s goods, services, or commercial activities ....”
4 later decisions quote this exact passage · from the majority“although, in many cases, the similarity of the marks, the defendant's intent, and actual confusion are particularly important.”
3 later decisions 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.