Food Fair Stores, Inc. v. Lakeland Grocery Corp.’s Empirical Analysis
301 F.2d 156 · 1962
Citation profile
16 federal appellate · 2 district · 8 state decisions
How this case has been cited
Cited by 53 later decisions — most recently September 2015 · most notably Perini Corporation v. Perini Construction Inc (1990), Lone Star Steakhouse Saloon Incorporated v. Alpha of Virginia Incorporated (1995)
16 federal appellate · 2 district · 8 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 Hanover Star Milling Co. v. Metcalf · United Drug Co. v. Theodore Rectanus Co. · Stork Restaurant, Inc. v. Sahati · Pecheur Lozenge Co. v. National Candy Co. · Hanson v. Triangle Publications, Inc.
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 53 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[A secondary meaning exists if in fact a substantial number of present or prospective customers understand the designation when used in connection with a business to refer to a particular person or business enterprise.”
5 later decisions quote this exact passage · from the majority““The existence or non-existence of .good faith on the part of the second user of the trade name is a powerful factor in determining whether the name is entitled to protection in :an area to which the business it identifies has not actually expanded. Indeed, it is pointed out in Nims on Unfair Competition and Trademarks, Section 218b, page 649, that to some extent the emphasis of the inquiry has been shifted in determining whether a trademark or a trade name is entitled to extra-territorial protection, so that in some cases much more stress is placed upon the question of good faith and much less on the extent to which the name is known in a given area.” (citations)”
2 later decisions quote this exact passage · from the majority“The absence of any witness testifying that he had actually been deceived as a consumer does not refute the deceptive character of the . . . business.”
2 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.