A. Bourjois & Co. v. Katzel’s Empirical Analysis
275 F. 539 · 1921
Citation profile
12 federal appellate · 3 district ·
How this case has been cited
Cited by 28 later decisions (3 by the Supreme Court) — most recently April 2005 · most notably Mart Corporation v. Cartier Inc 47th Street Photo Inc (1988), A. Bourjois & Co. v. Katzel (1923)
12 federal appellate · 3 district ·
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.
Appellate journey
Relationships
Relies on Hanover Star Milling Co. v. Metcalf · Menendez v. Holt · Saxlehner v. Eisner & Mendelson Co. · Scandinavia Belting Co. v. Asbestos & Rubber Works of America, Inc. · Apollinaris Co. v. Scherer
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 28 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“There is no exclusive right to the use of a name or symbol or emblematic device except to denote the authenticity of the article with which it has become identified by association. The name has no office except to vouch for the genuineness of the thing which it distinguishes from all counterfeits; and until it is sought to be used as a false token ... the law of trade-mark cannot be invoked.”
1 later decision quote this exact passage · from the majority“Trade Marks Reg. U. S. Pat. Off. Made in France—Packed in the U. S. A. by A. Bourjois & Co., Inc., of New York, Succ’rs. in the U. S. to A. Bourjois & Cie., and E. Wertheimer & Cie.”
1 later decision quote this exact passage · from the majority“The question is whether the defendant has not the right to sell this article under the trade-marks which truly indicate its origin. We think she has.”
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.