Entrepreneur Media, Inc. v. Smith’s Empirical Analysis
279 F.3d 1135 · 2002
Citation profile
38 federal appellate · 21 district · 1 state decisions
How this case has been cited
Cited by 154 later decisions — most recently October 2024 · most notably Therma-Scan, Inc. v. Thermoscan, Inc. (2002), Surfvivor Media, Inc. v. Survivor Productions (2005)
38 federal appellate · 21 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. § 1115 (§ 33 of the Trademark Act of 1946 (Lanham Act)) · 15 U.S.C. § 1125 (§ 43 of the Trademark Act of 1946 (Lanham Act)) · 28 U.S.C. § 1291
Relies on Park 'N Fly, Inc. v. Dollar Park & Fly, Inc. · Amf Incorporated v. Sleekcraft Boats E · Brookfield Communications, Inc. v. West Coast Entertainment Corp. · Gallo Winery v. Gallo Cattle Company · International Ass'n of Machinists & Aerospace Workers v. Winship Green Nursing Center
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 154 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“When the alleged infringer knowingly adopts a mark similar to another's, reviewing courts presume that the defendant can accomplish his purpose: that is, that the public will be deceived.”
5 later decisions quote this exact passage · from the dissent“a coined word or phrase, such as Kodak, invented solely to function as a trademark.” Official Airline Guides, Inc. v. Goss, 6 F.3d 1385, 1390 (9th Cir.1993). An arbitrary mark is a common word that is”
4 later decisions quote this exact passage · from the dissent“Because of the intensely factual nature of trademark disputes, summary judgment is generally disfavored in the trademark arena.”
4 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.