Acy v. Whaley’s Empirical Analysis
1940
Citation profile
2 federal appellate · 4 state decisions
How this case has been cited
Cited by 8 later decisions — most recently June 1965
2 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 Ala Schechter Poultry Corporation v. United States · Crescent Tool Co. v. Kilborn & Bishop Co. · Newport Sand Bank Co. v. Monarch Sand Mining Co. · Philadelphia Dairy Products v. Quaker City Ice Cream Co. · Viavi Co. v. Vimedia 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““is the element of deception; either one must directly represent his goods as that of another, of he must deceive the purchasing public of -that article by placing it upon the market in such form and dressed with such symbols or insignia as to deceive them into believing it is the product of another. Without either direct deception or indirect deception practiced through trade methods, there can be no unfair competition.””
1 later decision quote this exact passage““Without regard to patents, every one is at liberty to make a replica of any article and no one can obtain a monopoly on it by being the first to manufacture or put it upon the market. It is not unfair trade or competition with the originator of such article that others should manufacture and sell the same thing.””
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.