← 296 F.3d 894 - Mattel, Inc. v. MCA Records, Inc.

Mattel, Inc. v. MCA Records, Inc.’s Empirical Analysis

2002

Citation profile

cited by 49 later decisions

cited 1 times by the Supreme Court

November 2018

most recently cited

43 federal appellate ·

Relationships

Applies 15 U.S.C. § 1114 (§ 32 of the Trademark Act of 1946 (Lanham Act)) · 15 U.S.C. § 1125 (§ 43 of the Trademark Act of 1946 (Lanham Act)) · 15 U.S.C. § 1126 (§ 44 of the Trademark Act of 1946 (Lanham Act)) · 15 U.S.C. § 1127 (§ 45 of the Trademark Act of 1946 (Lanham Act))

Relies on Central Hudson Gas Electric Corporation v. Public Service Commission of New York · Bolger v. Youngs Drug Products Corp. · Green v. Bock Laundry MacHine Co. · Campbell v. Acuff-Rose Music, Inc. · Amf Incorporated v. Sleekcraft Boats E

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 49 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

“(“The song title does not explicitly mislead as to the source of the work; it does not, explicitly or otherwise, suggest that it was produced by Mattel. The only indication that Mattel might be associated with the song is the use of Barbie in the title; if this were enough to satisfy this prong of the Rogers test, it would render Rogers a nullity.” (emphasis in original)).”
5 later decisions quote this exact passage · from the majority
e.g. Parks v. Laface Records · Mattel Inc. v. Walking Mountain Productions
“[o]ur likelihood-of-confusion test generally strikes a comfortable balance between the trademark owner's property rights and the public's expressive interests.”
3 later decisions quote this exact passage · from the majority
e.g. Gordon v. Drape Creative, Inc. · Gordon v. Drape Creative, Inc.
“the traditional test fails to account for the full weight of the public's interest in free expression.”
3 later decisions quote this exact passage · from the majority
e.g. Gordon v. Drape Creative, Inc. · Gordon v. Drape Creative, Inc.

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.