Huth v. Rosenzweig’s Empirical Analysis
1946
Citation profile
5 federal appellate · 4 state decisions
How this case has been cited
Cited by 10 later decisions — most recently April 1995
5 federal appellate · 4 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
Relies on Speaker v. Shaler Co. · Certain-Teed Products Corp. v. Philadelphia & Suburban Mortgage Guarantee Co. · New Orleans Coffee Co. v. American Coffee Co. · Household Finance Corp. v. General Household Credit Corp.
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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“It could hardly be disputed there is a property right in a name used over a considerable period of time in which business has been conducted and under which good will and reputation have been established. There are instances where trade names have acquired a secondary meaning so closely in the mind of the public as applying to one business or to one product that its use by competitors for the purposes of unfair competition would be prevented by equitable means of injunction. Where a trade name has acquired such significance in the minds of the public as applying to one business, equity will restrain the use of a name so similar as to confuse and mislead the public to the first user's injury. It is not necessary, however, that the second user employing the name which interferes with another's prior right should have adopted such name with the intent to deceive the public or to injure the other. The consequences, and not the motive, are controlling.”
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.