U-Drive-It Co. v. Wright & Taylor’s Empirical Analysis
1937
Citation profile
3 federal appellate · 11 state decisions
How this case has been cited
Cited by 20 later decisions — most recently June 2001
3 federal appellate · 11 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 Ala Schechter Poultry Corporation v. United States · United Drug Co. v. Theodore Rectanus Co. · International News Service v. Associated Press · Waterman Company v. Modern Pen Company No 54 Modern Pen Company · Florence Mfg. Co. v. J. C. Dowd & Co.
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 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The “secondary meaning” of a trade-name or mark may be localized. [Citation omitted.] A newcomer in the field has no right to use another’s distinctive trade-name or designation which, though it be unavailable for exclusive use, has become locally associated with an established business and its use would result in filching or infringing upon his neighboring competitor’s good will; nor may he thereby commit a fraud upon him by leading the public to believe, not that he is his neighbor’s keeper, but is the neighbor himself. Time is not the exclusive standard in determining whether or not a secondary meaning has been acquired. [Citation omitted.]”
1 later decision quote this exact passage · from the majority““Resemblance is a circumstance which is of primary importance for the court to consider; because if the court finds, as it does almost invariably find in such cases as this, that there is no reason for the resemblance except for the purpose of misleading, it will infer that the resemblance is adopted for the purpose of misleading.”'”
1 later decision quote this exact passage · from the majority““The law is not made for the protection of experts, but for the public — that vast multitude which includes the ignorant, the unthinking and the’ credulous, who, in making purchases, do not stop to analyze, but are governed by appearances and general impressions.””
1 later decision 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.